Time: Mon Nov 03 05:21:28 1997
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Date: Mon, 03 Nov 1997 05:20:31 -0800
To: "Harold Thomas" <harold@halcyon.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: I NEED HELP on IRS Tyranny: Great Grandma EJ (fwd)
Refuse the latest ORDER, because the judge
is paying income taxes, and this creates
an adverse conflict of interest, in violation
of 28 U.S.C. 455. Couple the refusal with
a demand that the judge rescind his (her)
W-4 Employee's Withholding Allowance Certificate.
An example can be found in State v. Kemp in
the Supreme Law Library. There is a lot of
draft text in the DRAFT NOTICE OF TREATY
VIOLATIONS which can be adapted to this
refusal, in the form of a memorandum of
points and authorities in support of same.
For a breezy overview, read "The Lawless Rehnquist"
in the Supreme Law Library.
If all else fails, a bankruptcy case can be
removed into the DCUS, where you can have
lots of fun. FOIA is the easiest way to
invoke the original jurisdiction of the DCUS.
/s/ Paul Mitchell
http://supremelaw.com
At 02:00 AM 11/3/97 +0000, you wrote:
>Subject: I NEED HELP Great Grandma EJ
>
>Hi Chuck...
> The Lord forgive me of working on the Sabbath but I have an ASS
>in the mire!
>
>I don't know how to do it yet, but could you put a plea out on the internet
>I need a couple of questions answered that I can not find in any of my law
>books or the FED R> OF CIV> PRO.
>
>
>ONCE A FINAL JUDGMENT HAS BEEN 'ENTERED' BY THE CLERK United States
>District Court
>
>l. There is a 5 day period by which one can OBJECT to the Judgment
>correct?
>
>
>2. Then there is l0 days from the date of "Entry' of Judgment to file a
>Rule 59(e) (Motion to Reconsider).
>This stops to clock from ticking to either take property or to file your
>Notice of Appeal.
>
>3. A Rule 60(b) does not stop the clock, but allowes you to file a
>Reconsideration for several reasons, one of which can be 'newly
>discovered evidence'.
>
>4. I also found that you can take the Judgment to another court and open a
>new complaint based on the judgment being wrong. In relation to real
>property, I would think the best place to take that is a state Court
>within the county the property lies which they are attempting to seize
>under Judgment order. I am not sure about the clock continuiung to tick
>and you must still file your Petition for Appeal to the 9th.
>
>TWO GOLDEN QUESTIONS.
>
>1. DOES THE OBJECTION FILED WITHIN 5 DAYS OF THE 'ENTRY FOR FINAL JUDGMENT'
>OPEN THE FEDERAL WINDOW TO GET MORE DOCUMENTS BACK IN THE CASE WHICH
>HAVE BEEN RENDERED MOOT BECAUSE OF THE FINAL JUDGMENT BEING GRANTED?
>
>
>2. SINCE THE JUDGMENT WAS GRANTED AS A 'default judgment' in an Adversary
>Proceeding (reopening a bankrutpcy closure of whether or not the debts
>were discharged 7 years ago in BK)
> CAN THE JUDGE SIGN A SEIZURE, SALE AND LOCK THE PARTIES OUT UNDER
>A DEFAULT JUDGMENT????????????????????
>
>I SAY NOT...BUT WHO AM I BUT A PRO SE LITIGANT.
>
>THE JUDGE GRANTED SUMMARY JUDGMENT BY 'ORDER' IN MAY, BUT ENDED THE CASE
>BY DEFAULT JUDGMENT THEREFORE IT IS MY OPINION THAT THE SUMMARY JUDGMENT
>IS STILL JUST SITTING IN THE CASE SINCE NO 'FINAL ENTRY FOR JUDGMENT WAS
>EVER ENTERED>
>
>THEREFORE IT IS MY BELIEF THAT HE COULD HAVE SEIZED THE FARM UNDER THE
>SUMMARY JUDGMENT, BUT THAT IS NOT WHAT HE CLOSED THE CASE WITH...
>
>
>HE CLOSED THE CASE WITH THE DEFAULT JUDGMENT AGAINST MR.______________
>BECAUSE HE FAILED TO SHOW UP FOR DEPOSITIONS WHICH THERE WAS NO ORDER AND
>WHICH DEPOSITIONS WERE CLOSED IN THE CASE LAST SEPTEMBER OF 1996.
>
>ALSO HE PUT IN HIS JUDGMENT TO SEIZE AND SELL THE FARM THE ORDER OF THE
>FEDERAL MARSHALS TO SEIZE THE PROPERTY AND LOCK US OUT AND TAKE
>CONTROL.
>
>Question:
> How can the federal marshals seize and sell property?
> I thought that was the Sherrifs permission.
>
>Is this place going to be the next Ruby Ridge?
>
>
> I know where I am going with this next, but its the time frame I can not
>find and must not make any procedural errors in the next 4 days! Can
>some one out there help me please
>
>Great Grandma EJ
>
>
>**************************************
><excerpt from another msg>
>
>Hi Chuck.
>
> I hope I caught you before you sent our my plea for help.I know
>my case so well, I failed to to put under the Adversary Proceeidngs in
>Bankrupsy .... that the farm and the childrens ownership of the farm since
>l976 had nothing to do with the bankruptcy proceeding.
>
>
>
>Harold Thomas
>harold@halcyon.com
>http://www.halcyon.com/harold/
>
>
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Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
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