Time: Thu Sep 04 08:53:08 1997
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Thu, 4 Sep 1997 08:51:52 -0700 (MST)
Date: Thu, 4 Sep 1997 11:51:29 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLF: demand federal judge to rescind W-4
>Subject: SLS: demand federal judge to rescind W-4
>
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>
>
>William Michael, Kemp, Sui Juris
>c/o General Delivery
>Gadsden, Alabama state
>non-domestic zip code exempt
>
>In Propria Persona
>All Rights Reserved Without Prejudice
>
>
>
>
>
>
>
>
> DISTRICT COURT OF THE UNITED STATES
>
> NORTHERN JUDICIAL DISTRICT OF ALABAMA
>
> MIDDLE DIVISION
>
>
>STATE OF ALABAMA [sic] ) Case No. CV97-H-0022-M
> )
> Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS
> )
> v ) NOTICE AND DEMAND TO RESCIND
> ) "EMPLOYEE'S WITHHOLDING ALLOWANCE
>WILLIAM MICHAEL KEMP [sic], ) CERTIFICATE":
> ) United States Constitution,
> Defendant [sic] ) Article III, Section 1;
> ) Evans v. Gore, 253 US 245 (1920);
>____________________________) Miles v. Graham, 268 US 501 (1925)
>
>
>Greetings to You:
>
> Senior Judge James H. Hancock
> United States District Court
> for the Northern Judicial District of Alabama
> c/o 1729 5th Avenue North
> Birmingham, Alabama state
>
> Formal NOTICE AND DEMAND are hereby respectfully made upon
>
>You, a Senior Judge of the federal judiciary, by Me, William
>
>Michael, Kemp, Sui Juris, Citizen of Alabama state, expressly not
>
>a citizen of the United States ("federal citizen"), and defendant
>
>in the above entitled matter (hereinafter "Defendant"), that you,
>
>as a seated judge of the federal judiciary, claiming jurisdiction
>
>under Article III of the Constitution for the United States of
>
>America (hereinafter "U.S. Constitution"), by your ORDERS [sic]
>
>issued by mistake in the above matter, have brought to My
>
>attention the fact that you are in violation of said provision of
>
>the U.S. Constitution, to wit:
>
> The Judges, both of the supreme and inferior Courts, shall
> hold their Offices during good Behaviour, and shall, at
> stated times, receive for their Services, a Compensation,
> which shall not be diminished during their Continuance in
> Office.
> [U.S. Constitution, Article III, Section 1]
> [emphasis added]
>
> See Article III, Section 1, and Evans v. Gore, 253 U.S. 245
>
>(1920) (never overturned), and Miles v. Graham, 268 U.S. 501
>
>(1925).
>
> It is therefore My fundamental Right respectfully to demand
>
>that you forthwith rescind your Internal Revenue Service [sic]
>
>Form W-4, "Employee's Withholding Allowance Certificate," under
>
>penalty of perjury, and file said recission in the official
>
>record of the District Court of the United States [sic] in the
>
>instant case.
>
> If the rescission demanded is not so filed by 5:00 p.m. on
>
>Friday, March 14, 1997, I will be entitled to proceed on the
>
>basis of the conclusive presumption that you cannot, or will not,
>
>invoke the fundamental immunity expressly stated for Article III
>
>United States District Judges, and that you are forever barred
>
>from presiding in the instant case. Silence activates estoppel,
>
>pursuant to Carmine v. Bowen, 64 A. 932 (1906).
>
>
> NOTICE OF DEADLINE
>
> Defendant hereby demands that the above requested remedy be
>
>granted no later than 5:00 p.m. on Friday, March 14, 1997. Time
>
>is of the esence.
>
> Thank you very much for your consideration.
>
>
>Executed on February 17, 1997:
>
>/s/ Mike Kemp
>___________________________________________________
>William Michael, Kemp, Sui Juris
>Citizen of Alabama state
>all Rights reserved without prejudice
>
>
> PROOF OF SERVICE
>
>I, William Michael, Kemp, 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 eighteen
>years of age, a Citizen of one of the United States of America,
>and that I personally served the following document(s):
>
> NOTICE AND DEMAND TO RESCIND
> "EMPLOYEE'S WITHHOLDING ALLOWANCE
> CERTIFICATE":
> United States Constitution
> Article III, Section 1;
> Evans v. Gore, 253 U.S. 245 (1920);
> Miles v. Graham, 268 U.S. 501 (1925)
>
>by placing one true and correct copy of said document(s) in first
>class U.S. Mail, with postage prepaid and properly addressed to
>the following:
>
>Clerk of Court Solicitor General
>Alabama Court of Criminal Appeals Department of Justice
>c/o P.O. Box 301555 10th and Constitution, N.W.
>Montgomery, Alabama state Washington, D.C.
>
>James E. Hedgspeth, Jr. Clerk of Court
>Etowah County Offices District Court of the U.S.
>c/o 800 Forrest Avenue c/o 1729 Fifth Avenue North
>Gadsden, Alabama state Birmingham, Alabama state
>
>Clerk of Court Attorney General
>Circuit Court of Etowah County Department of Justice
>c/o 800 Forrest Avenue 10th and Constitution, N.W.
>Gadsden, Alabama state Washington, D.C.
>
>
>Executed on February 17, 1997
>
>/s/ Mike Kemp
>_________________________________________________
>William Michael, Kemp, Sui Juris
>Citizen of Alabama state
>(expressly not a federal citizen)
>all Rights reserved without prejudice
>
>
> # # #
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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