Time: Wed Jul 30 13:56:34 1997
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	Wed, 30 Jul 1997 13:32:19 -0700 (MST)
Date: Wed, 30 Jul 1997 16:31:45 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLS: routine extension request: U.S.A. v. Gilbertson

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Everett C. Gilbertson, Sui Juris
c/o Rural Route 1, Box 140
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

Under Protest and
by Special Visitation



                          [D R A F T]


                 UNITED STATES COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], )  Case No. 97-2099-MNST
          Plaintiff [sic]/      )
          Appellees,            )  USDC Minneapolis #CR-4-96-65
     v.                         )
                                )
EVERETT C. GILBERTSON [sic],    )
          Defendant [sic]/      )
          Appellant.            )
________________________________)
                                )
Everett C. Gilbertson,          )  DCUS Minneapolis #4-96-65
          Plaintiff/Appellant,  )
     v.                         )  NOTICE OF INTENT TO SUBMIT
                                )  APPELLANT'S REPLY BRIEF AND
United States,                  )  REQUEST FOR EXTENSION OF TIME
James M. Rosenbaum,             )
and Does 2-99,                  )
          Respondents.          )
________________________________)

COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state, expressly  not a  citizen of  the United  States ("federal

citizen"),  and   Appellant  in   the   above   entitled   matter

(hereinafter  "Appellant"),  to  provide  formal  Notice  to  all

interested party(s),  and to  demand mandatory judicial Notice by

this honorable  Court, pursuant  to Rules 201(d), 301, and 302 of

the Federal  Rules of Evidence, of Appellant's intent to submit a

REPLY BRIEF  in response to the BRIEF OF APPELLEES recently filed

by opposing party(s).


  Notice of Intent to Reply and Request for Extension of Time:
                           Page 1 of 4


     On Monday, July 28, 1997, Appellant's Counsel first received

a photocopy  of the BRIEF OF APPELLEES, filed after Appellees had

requested, and  were granted, a routine extension of time to file

same.   Appellant is  informed that the new deadline for filing a

REPLY BRIEF is August 7, 1997.

     The original APPEAL BRIEFING SCHEDULE ORDER, dated April 25,

1997, set  deadlines of  7/18/97 for  the BRIEF OF APPELLEES, and

8/1/97 for  the REPLY  BRIEF, that is, two (2) calendar weeks for

completion of the REPLY BRIEF after submission and service of the

BRIEF OF APPELLEES.

     Appellant respectfully requests this honorable Court to take

into  account   the  necessary  delays  which  are  imposed  upon

Appellant, by reason of the requirement that Counsel must prepare

and mail  unsigned originals  to Appellant  at the Federal Prison

Camp in Duluth, Minnesota state, and then Appellant must sign and

serve the  executed pleading(s)  upon the Clerk of this Court and

all interested party(s).  These mail delays are unavoidable.

     Accordingly, Appellant argues that a new deadline of Friday,

August 29,  1997, would  allow two  (2) full  calendar weeks  for

Counsel to  research and  draft Appellant's  REPLY BRIEF, and one

(1) full calendar week for necessary delays in forwarding mail to

Appellant at FPC Duluth, and then to the Clerk of this Court.


                        REMEDY REQUESTED

     Appellant respectfully  requests  this  honorable  Court  to

order a  routine extension  of time,  until August  29, 1997, for

Appellant to  prepare and  file a REPLY BRIEF in response to, and

in proper refutation of, the BRIEF OF APPELLEES.


  Notice of Intent to Reply and Request for Extension of Time:
                           Page 2 of 4


                          VERIFICATION

I, Everett C. Gilbertson, Sui Juris, hereby verify, under penalty

of perjury,  under the  laws of  the United  States  of  America,

without the "United States", that the above statement of facts is

true  and  correct,  to  the  best  of  My  current  information,

knowledge, and belief, so help Me God, per 28 U.S.C. 1746(1).



Dated: ______________________________


Respectfully submitted,





_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


  Notice of Intent to Reply and Request for Extension of Time:
                           Page 3 of 4


                        PROOF OF SERVICE

I, Everett  C.  Gilbertson,  Sui  Juris,  hereby  certify,  under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without the "United States," that I am at least 18 years

of age,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

                   NOTICE OF INTENT TO SUBMIT
                   APPELLANT'S REPLY BRIEF AND
                  REQUEST FOR EXTENSION OF TIME

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE




Dated:  __________________________________





__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


See USPS Publication #221 for addressing instructions.


  Notice of Intent to Reply and Request for Extension of Time:
                           Page 4 of 4


                             #  #  #


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

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As agents of the Most High, we came here to establish justice.  We shall
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========================================================================
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