Time: Fri Apr 18 22:09:33 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id VAA06863; Fri, 18 Apr 1997 21:19:17 -0700 (MST) by usr09.primenet.com (8.8.5/8.8.5) with SMTP id VAA22663; Fri, 18 Apr 1997 21:19:04 -0700 (MST) Date: Fri, 18 Apr 1997 22:04:56 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLF: First Amendment Triumphs (2 of 5) [This text is formatted in Courier 11, non-proportional spacing.] John Everyman Trumane, Sui Juris c/o General Delivery Minneapolis [zip code exempt] MINNESOTA STATE In Propria Persona All Rights Reserved without prejudice DISTRICT COURT OF THE UNITED STATES JUDICIAL DISTRICT OF MINNESOTA FOURTH DIVISION John Everyman Trumane, ) Docket Number: xx-x-xx-xx ) Plaintiff, ) COMPLAINT FOR DECLARATORY ) AND INJUNCTIVE RELIEF: v. ) 5 U.S.C. 552(a)(4)(B); ) 28 U.S.C. 455, 1361, 1746(1); United States, ) First Amendment, James Jones Judge, ) petition clause; and Does 2-99 ) Fifth Amendment, Respondents. ) due process clause; ______________________________) DEMAND FOR IMMEDIATE RECUSAL COMES NOW John Everyman Trumane, Sui Juris, Citizen of Minnesota state, expressly not a citizen of the United States, and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to petition this honorable District Court of the United States (hereinafter "DCUS") for certain declaratory and injunctive relief, specifically to order Respondents to produce certain documents for inspection, certification, and copying; and to provide Notice of same to all interested party(s). 1. This is an action which arises under a law of the United States, the Freedom of Information Act (hereinafter "FOIA"), and all lawful regulations which have been promulgated thereunder. See Supremacy Clause; 5 U.S.C. 552 et seq.; Complaint for Declaratory and Injunctive Relief: Page 1 of 5 Universal Declaration of Human Rights; and International Covenant on Civil and Political Rights. 2. This DCUS has original jurisdiction over this action, pursuant to 5 U.S.C. 552(a)(4)(B); 28 U.S.C. 1361 (Action to compel an officer of the United States to perform his duty); First Amendment petition clause and Fifth Amendment due process clause in the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"). 3. Plaintiff is a Citizen of Minnesota state, who is expressly not a citizen of the United States (hereinafter "federal citizen"). See Gardina v. Board of Registrars, 160 Ala. 155, 48 S. 788, 791 (1909). 4. Respondents presently embrace the United States (federal government), domiciled in the District of Columbia and acting in its municipal capacity under Article IV of the U.S. Constitution, and an alleged employee of the judicial branch of the United States, who now claims to be the presiding judge in criminal action against Plaintiff in the United States District Court (hereinafter "USDC"), District of Minnesota, Fourth Division (hereinafter "Criminal Case"). 5. Plaintiff requested access to certain document(s) by submission of a proper and timely FOIA request for the requisite credentials of Respondent James Jones Judge, which FOIA request has already been filed in the instant case, and is now identified as Plaintiff's Exhibit "A" in the instant action. 6. Respondents have failed to produce the document(s) requested within the time limits prescribed by the FOIA, specifically 5 U.S.C. 552(a)(6)(1), in whole or in part. Complaint for Declaratory and Injunctive Relief: Page 2 of 5 7. Plaintiff has now exhausted his administrative remedies and is entitled, pursuant to law, to inspect and copy the requested documents, and/or to receive certified copies of the requested documents via first class United States Mail, so as to render said documents admissible in the instant case. 8. Plaintiff is entitled by law to receive all applicable legal fees and costs, and also sanctions against Respondents. 9. Plaintiff hereby demands the immediate recusal of Respondent James Jones Judge from the Criminal Case, due to adverse and pecuniary interests, pursuant to 28 U.S.C. 455: Disqualification of justice, judge, or magistrate. REMEDY REQUESTED Wherefore, all premises having been considered, Plaintiff respectfully requests that this honorable DCUS: (1) order Respondents to produce the requested document(s) to Plaintiff for copying and inspection; (2) enjoin Respondents from improperly withholding the requested document(s); (3) award Plaintiff His costs and disbursements in this action, as provided by 5 U.S.C. 552(a)(4)(E); (4) provide for expedition of the proceedings on this complaint, as provided by 5 U.S.C. 552(a)(4)(C) and (D); (5) order the immediate recusal of James Jones Judge from the Criminal Case cited supra, in the event that Mr. Judge has not voluntarily done so; and, (6) grant such other and further relief as this Court may deem just and proper. Complaint for Declaratory and Injunctive Relief: Page 3 of 5 VERIFICATION I, John Everyman Trumane, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statements of fact are 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: ______________________________ Respectfully submitted, /s/ John E. Trumane _____________________________________ John Everyman Trumane, Sui Juris Citizen of Minnesota state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Complaint for Declaratory and Injunctive Relief: Page 4 of 5 PROOF OF SERVICE I, John Everyman Trumane, 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): COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF: 5 U.S.C. 552(a)(4)(B); 28 U.S.C. 455, 1361, 1746(1); First Amendment petition clause; Fifth Amendment due process clause; DEMAND FOR IMMEDIATE RECUSAL 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 Jones Judge 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: __________________________________ /s/ John E. Trumane __________________________________________ John Everyman Trumane, Sui Juris Citizen of Minnesota state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Complaint for Declaratory and Injunctive Relief: Page 5 of 5 # # #
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