Time: Mon Jun 30 05:32:10 1997
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Date: Mon, 30 Jun 1997 05:28:29 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: FRCrP Rule 60(b)

Just change the pleading to read:

Petition in the Nature of Coram Nobis
Petition in the Nature of Mandamus

Read the All Writs Statute for authority.

That solves the problem.

/s/ Paul Mitchell

At 02:09 AM 6/30/97 -0700, you wrote:
>I think this is one of the more classic parts to be found.  Audita 
>querela, I am told, is the writ to sue a judge.  So check out:
>Rule 60 (b) of the Federal Rules of Criminal Procedure in pertinent part:
>"Writs of coram nobis, coram vobis, audita querela, and bills of review 
>and bills in the nature of a bill of review, are abolished, and the 
>procedure for obtaining relief from judgment shall be by motion as 
>prescribed in these rules or by an independent action."
>That's what it says right on the first page at the beginning.  Now most 
>lawyers would probably stop looking for these methods after reading 
>that.  But... if you go to the BACK of the Chapter in the Revisions Notes 
>you find:
>"... With reference to the question whether, as the rules now exist, 
>relief by coram nobis, bills of review, and so forth, is permissible, the 
>generally accepted view is that the remedies are still available, 
>although the precise relief obtained in a particular case by use of these 
>ancillary remedies is shrouded in ancient lore and mystery. [See Wallace 
>v. United States, C.C.A.2, 142 F.2d 240]"
>Can you believe that?!  "[S]hrouded in ancient lore and mystery", like 
>some lawyer reading that is going to want to get up in front of a court 
>and try it expecting any minute for them to start shouting 'Witch!' like 
>he's trying to do black magic or something!
>Amazing.  Like this writ was lost to shrouded history by accident and not 
>by design.  Yeesh!  Now we know why you never see it being done..!
>[L.S.] ckerr -  Sui Juris, juris et de jure,
>Exclusively a Citizen of California Republic,
>With Explicit Reservation of All My Rights, Without Prejudice.
>P.S. Notice how they won't even say "audita querela" again in the 
>revision notes?  Out of site out of mind tactics??  Naaah!
>P.S.S. I said in a recent post to you that A.G. was the head of the 
>executive arm, and relised later my error.  Oops.

Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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