Time: Wed Feb 26 19:27:09 1997
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Delivered-To: liberty-and-justice-outgoing@majordomo.pobox.com
Date: Wed, 26 Feb 1997 19:07:27 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: FYI: The Judge Who Sued Himself (really!)

"I object (to myself!)," said Judge Lovell Headed.

"Sustained!!"  said Judge Lovell Headed.

"NO!! OVERRULED!!!"  retorted Judge Lovell Headed.

("Where is Lovell Headed, anyway?")

("Montana, I think," whispered Pobot the Robot.)


[This text is formatted in Courier 11, non-proportional spacing.]

MEMO

TO:       Cathy A. Catterson, Clerk
          U.S. Court of Appeals, Ninth Circuit

FROM:     Paul Andrew, Mitchell, B.A., M.S.
          Counselor at Law

DATE:     January 7, 1997

SUBJECT:  Ninth Circuit Docket #96-36101
          Lower Court Docket #CV-96-00050-CCL


I am  in receipt  of the  ORDER dated  December 18,  1996, in the
matter described above.  It was delayed for having been mailed to
Box 80446 in Billings, Montana.

Given the  nature of  this action,  I agree  completely with your
disposition of the case.

Permit me  respectfully to request that the record show the exact
sequence of events, from My point of view.

I first filed a FOIA request for the credentials of United States
District Judge  Charles C.  Lovell  in  Helena,  Montana.    Upon
receipt of  that FOIA  request, Judge  Lovell opened  a  case  to
adjudicate that request, effectively suing himself.  Upon receipt
of My  routine administrative  appeal, Judge Lovell then formally
appealed the matter to the Ninth Circuit.

As the  original FOIA Requester, it is My option to bring a civil
complaint to compel production of the document(s) requested in My
original FOIA  request, or  not to  bring such a complaint.  That
option is not available to Judge Lovell, in particular because it
is a  clear conflict  of interest  (suing himself) and because it
constitutes the practice of law, in violation of 28 U.S.C. 454 (a
high misdemeanor).

I have  documented My  objections to Judge Lovell's misconduct in
My NOTICE  OF REFUSAL  FOR CAUSE,  mailed to you and to all other
interested party(s)  on December  19, 1996.   I  presume that you
have already received said NOTICE via U.S. Mail.

I hereby record My formal intent to bring a Complaint of Judicial
Misconduct against Judge Lovell, pursuant to 28 U.S.C. 372(c), as
soon as My busy schedule will permit it.

Respectfully submitted,

/s/ Paul Andrew, Mitchell, B.A., M.S.

Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
Postal Zone 85719/tdc

email: pmitch@primenet.com (586/Eudora Pro)
tel:   (520) 320-1514 (private line)
       (please request permission to share)
fax:   (520) 320-1513 (dedicated Internet line)
       (call: 520-320-1514 first to switch software)

copy:  Charles C. Lovell, U.S.D.C., Helena, Montana state
       Corina Drozio (sp?), Deputy Clerk, Ninth Circuit

                             #  #  #


[This text is formatted in Courier 11, non-proportional spacing.]


Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
and Counselor at Law
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt

Under Protest, Necessity, and
by Special Visitation






                  UNITED STATES DISTRICT COURT

                       DISTRICT OF MONTANA

                         HELENA DIVISION

IN RE:                          )  Case No. MCV-96-50-H-CCL
PAUL ANDREW MITCHELL            )  Appeal No. [none assigned]
FREEDOM OF INFORMATION ACT      )  NOTICE OF REFUSAL FOR CAUSE:
REQUEST                         )  FRCP Rules 9(b); 12(b)(1),(2);
                                )  5 U.S.C. 552(a)(4)(B);
                                )  Petition Clause;  Full Faith
                                )  and Credit Clause;  28 U.S.C.
                                )  372(c), 454, 955, 1746(1);
                                )  Rule 201(d), Federal Rules of
                                )  Evidence
________________________________)

COMES NOW  Paul Andrew,  Mitchell, B.A., M.S., Citizen of Arizona

state,  federal   witness,  and  Counselor  at  Law  (hereinafter

"Requester"), to provide formal Notice to all interested party(s)

of this,  Requester's formal  Refusal of the alleged ORDER of the

honorable Charles C. Lovell, United States District Judge, issued

erroneously on October 10, 1996, and filed erroneously on October

15, 1996,  in the instant case.  Requester refuses said ORDER for

fraud, and for all of the following valid causes, to wit:


     1.   This honorable Court erred by opening a case sua sponte

to adjudicate  Requester's document  request, dated September 22,

1996, submitted  under the Freedom of Information Act ("FOIA"), 5



            Notice of Refusal for Cause:  Page 1 of 5

U.S.C. 552  et seq.,  and by forwarding a certified record of the

instant case  to the United States Court of Appeals for the Ninth

Circuit (hereinafter "Ninth Circuit"), in response to Requester's

administrative Appeal,  dated October  8,  1996,  also  submitted

under authority of the FOIA.


     2.   A FOIA  request and appeal are both administrative, not

judicial, remedies  which the  FOIA has  made available  to state

Citizens such  as Requester.  If and when the FOIA request and/or

appeal are  denied and  the pertinent  statutory  deadlines  have

passed  for   production  of   the  requested   document(s),  the

Requester's administrative  remedies are then exhausted.  At that

point, it  is up  to Requester,  and  not  the  Courts  or  their

clerical staff(s),  to file  the  requisite  civil  complaint  to

compel production  of  document(s)  improperly  withheld  and  to

enjoin  the   withholding  of   document(s)  properly  requested.

Requester's administrative Request and Appeal were both proper.


     3.   Initiating such  a civil  complaint is  not within  the

province of the courts or their administrative personnel.  On the

contrary, the  practice of law is expressly prohibited to federal

judges and  clerks.  See 28 U.S.C. 454, 955.  Pursuant to Section

454 supra,  the practice  of law  by federal  judges  is  a  high

misdemeanor.   Criminal conduct  on the  bench  is  a  sufficient

ground for  automatic recusal and for a judicial complaint, filed

with the  Clerk of  the Ninth  Circuit pursuant  to  local  rules

promulgated under  28 U.S.C. 372(c).  Requester hereby places all

interested party(s)  on formal  Notice of  Requester's intent  to

prepare and file such a complaint with all deliberate speed.



            Notice of Refusal for Cause:  Page 2 of 5

     4.   The Clerk  of the United States District Court, sending

United States  Mail  from  301  South  Park,  Room  542,  Federal

Building, Drawer  10015, Helena,  MT [sic] 59626 [sic], has erred

seriously by  attempting to  invoice Requester  for a "Filing and

Docketing fee"  of $105.00,  "pursuant to  Notice of Appeal filed

10/16/96."   Said invoice  was dated  "10/18/96".    Because  the

instant case  is entirely  fraudulent on  its face,  for want  of

subject matter  jurisdiction and of a complaint properly verified

and filed  by a litigant with standing, among many other reasons,

Requester objects  strenuously to  the Clerk's  attempt to compel

payment of  said fee,  and to  use United  States  Mail  in  this

fashion.   This is  mail fraud,  namely, to transmit a fraudulent

invoice to Requester through the United States Postal Service.


     5.   For the  benefit of  this honorable Court, and pursuant

to the  Full Faith  and Credit Clause in the Constitution for the

United States  of America,  as lawfully amended, Requester hereby

incorporates by  reference, as  if set  forth  fully  herein,  an

executed copy  of Requester's  comparable NOTICE  OF REFUSAL  FOR

CAUSE as filed in the related case of People of the United States

of America  ex relatione Paul Andrew Mitchell v. United States et

al.,  U.S.D.C.  Case  No.  CV-96-163-BLG,  District  of  Montana,

Billings Division.   Said  NOTICE explains  fully that the United

States District  Court ("USDC")  is not  the  court  of  original

jurisdiction over  civil suits  brought to  compel production  of

documents requested  under the  FOIA, or  to enjoin  the improper

withholding  of   said  documents.     The   court  of   original

jurisdiction is the District Court of the United States ("DCUS").





            Notice of Refusal for Cause:  Page 3 of 5

See 5 U.S.C. 552(a)(4)(B).  Therefore, this honorable Court never

had subject matter jurisdiction in the first instance.


     6.   Requester  respectfully   demands  mandatory   judicial

notice  of  the  attached  NOTICE  OF  INTENT  TO  FILE  CRIMINAL

COMPLAINTS, which  is incorporated  by reference  as if set forth

fully herein.   Requester  was unable  to prepare  and  file  the

instant NOTICE OF REFUSAL FOR CAUSE until now, due to mail fraud.


                        REMEDY REQUESTED

     Requester respectfully  requests that  the instant  case  be

dismissed for lack of subject matter jurisdiction, that the Clerk

of Court be ordered to withdraw the Invoice for $105.00 which has

been mailed  in error  to Requester, and that the dismissal ORDER

be served  on the Clerk of the United States Court of Appeals for

the Ninth Circuit with all deliberate speed.


                          VERIFICATION

I, Paul  Andrew,  Mitchell,  B.A.,  M.S.,  hereby  verify,  under

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

America [sic],  without the "United States" [sic], that the above

statements of fact are true and correct, according to the best of

My current  information, knowledge,  and belief,  so help Me God,

pursuant to 28 U.S.C. 1746(1).


Executed on December 18, 1996

Respectfully submitted,

/s/ Paul Andrew, Mitchell, B.A., M.S.

Citizen of Arizona state, federal witness,
Counselor at Law, and Relator in People v. United States et al.
all rights reserved without prejudice


            Notice of Refusal for Cause:  Page 4 of 5


                        PROOF OF SERVICE

I, Paul  Andrew, Mitchell,  B.A., M.S., Citizen of Arizona state,

federal witness,  and Counselor  at Law, do 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 REFUSAL FOR CAUSE:
    FRCP Rules 9(b);  12(b)(1), (2);  5 U.S.C. 552(a)(4)(B);
         Petition Clause;  Full Faith and Credit Clause;
              28 U.S.C. 372(c), 454, 955, 1746(1);
             Rule 201(d), Federal Rules of Evidence

by placing  one true and correct copy of same in first class U.S.

Mail, with postage prepaid and properly addressed to:


Attorney General                   Clerk of Court
Department of Justice              United States District Court
10th and Constitution, N.W.        301 South Park, Room 542
Washington, D.C.                   Helena, Montana state

Solicitor General                  Clerk of Court
Department of Justice              Ninth Circuit Court of Appeals
10th and Constitution, N.W.        P.O. Box 193939
Washington, D.C.                   San Francisco, California

Office of the U.S. Attorneys       
United States District Court       
Federal Building                   
Helena, Montana state              

Chief Judge                        
Ninth Circuit Court of Appeals     
c/o P.O. Box 193939                
San Francisco, California state    

Postmaster
United States Postal Service
Helena [59626]
MONTANA STATE


Executed on December 19, 1996

/s/ Paul Andrew Mitchell, B.A., M.S.

Citizen of Arizona state, federal witness,
Counselor at Law, and Relator in People v. United States


            Notice of Refusal for Cause:  Page 5 of 5


                             #  #  #



========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
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
========================================================================

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