Time: Thu Sep 18 10:02:00 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id JAA23308; Thu, 18 Sep 1997 09:59:07 -0700 (MST) Date: Thu, 18 Sep 1997 11:32:29 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in toolbar] Subject: SLS: Notice of Appeal/Intent to Move for Procedural Order [This text is formatted in Courier 11, non-proportional spacing.] Paul Andrew Mitchell, Sui Juris Citizen of Arizona state c/o general delivery at: 2509 North Campbell Avenue Tucson, Arizona state In Propria Persona All Rights Reserved Without Prejudice SUPERIOR COURT OF ARIZONA PIMA COUNTY People of Arizona state ) Case Number #320831 ex relatione ) Paul Andrew Mitchell, ) NOTICE OF APPEAL AND ) NOTICE OF INTENT TO FILE MOTION Petitioners, ) FOR ACCELERATED PROCEDURAL ORDER: ) v. ) AR-CAP Rules 6(b), 9(a), 11, 29 ) Pima County Consolidated ) Justice Court, ) ) Respondent. ) _________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen"), federal witness, and Relator in the above entitled matter (hereinafter "Relator"), to provide formal Notice to all interested party(s), and respectfully to request mandatory judicial Notice by this honorable Court, pursuant to Rules 6(b), 9(a), 11, and 29 of the Arizona Rules of Civil Appellate Procedure ("AR-CAP"), that Petitioners hereby appeal to the Court of Appeals of Arizona state from the failure by this honorable Court to perform its duty under Article VI, Section 21, of the Constitution of the State of Arizona. Notice of Appeal: Page 1 of 4 Pursuant to AR-CAP Rule 6(b), Petitioners also provide formal written Notice to all interested party(s), of Their specific intent to move the Court of Appeals without delay for a procedural order [sic], compelling the Pima County Consolidated Justice Court ("Justice Court") to perform the specific duty imposed upon said Justice Court by Arizona Revised Statute ("ARS") 22-201(F). Rule 6(b) reads in pertinent parts, to wit: ... [M]otions for procedural orders may be acted upon at any time, without awaiting a response thereto. ... A single judge or justice of the appellate court may grant a motion for a procedural order without awaiting a response thereto. ... Any party adversely affected by the granting of a procedural order may file a motion requesting rehearing, vacation or modification of the order. A certified copy of the official record of the Superior Court of Arizona state in the instant case is hereby respectfully requested to be transmitted, without delay, to the Court of Appeals, pursuant to the requirements stated in AR-CAP Rule 11. Pursuant to AR-CAP Rule 11(c), Relator herein testifies to the fact that no opinions, orders, or judgments have been issued by the Superior Court of Arizona state in the instant case, whatsoever. Accordingly, there are no transcript(s) of any hearing(s) from which to extract excerpts for the appeal which Petitioners now take. Petitioners intend to invoke AR-CAP Rule 29 in the instant appeal, which reads in pertinent part, to wit: After an appeal is at issue as defined in Rule 15(a), the court may ... upon motion of a party, order than an appeal be accelerated under this Rule. Any party may file an objection within ten days of ... service of such a motion, and an opposing party may file a response within ten days of service of an objection. Thank you for your consideration in this matter. Notice of Appeal: Page 2 of 4 VERIFICATION I, Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, federal witness, and Relator in the instant case, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the foregoing statement of facts is true and correct, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). Dated: September 18, 1997 Respectfully submitted, /s/ Paul Mitchell ______________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 3 of 4 PROOF OF SERVICE I, Paul Andrew Mitchell, 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 APPEAL AND NOTICE OF INTENT TO FILE MOTION FOR ACCELERATED PROCEDURAL ORDER: AR-CAP 6(b), 9(a), 11, 29 by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to: Arizona Attorney General c/o 400 W. Congress, Ste. 315 Tucson, Arizona state Clerk of Court Arizona Supreme Court c/o 400 W. Congress, Ste. 345 Tucson, Arizona state Clerk of Court Arizona Court of Appeals c/o 400 W. Congress Tucson, Arizona state Pima County Attorney c/o 32 North Stone Avenue Tucson, Arizona state Pima County Consolidated Justice Court Attention: Mr. Walter U. Weber c/o 115 N. Church Avenue Tucson, Arizona state Executed on September 18, 1997 /s/ Paul Mitchell ______________________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 4 of 4 # # # ======================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine : tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in toolbar] : using Eudora Pro 3.0.3 on 586 CPU website: http://supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this _____________________________________: As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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