Time: Sun Jun 01 16:04:59 1997 by primenet.com (8.8.5/8.8.5) with SMTP id OAA00766; Sun, 1 Jun 1997 14:34:22 -0700 (MST) Date: Sun, 01 Jun 1997 16:02:36 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: FRCP Rule 62(b) motion, U.S.A. v. Knudson [This text is formatted in Courier 11, non-proportional spacing.] Vance E. Knudson, Sui Juris Citizen of Nebraska state c/o General Delivery Hastings [zip code exempt] NEBRASKA STATE In Propria Persona All Rights Reserved without prejudice UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA [sic], ) Case No. 4:CV96-3275 ) Plaintiff [sic], ) NOTICE OF MOTION AND ) MOTION FOR STAY OF EXECUTION v. ) AND FOR STAY OF PROCEEDINGS ) TO ENFORCE JUDGMENT: VANCE E. KNUDSON [sic], ) ) FRCP Rules 62(b), 60(b), 38 Defendant [sic]. ) ________________________________) COMES NOW Vance E. Knudson, Sui Juris, Citizen of Nebraska state, expressly not a citizen of the United States ("federal citizen"), and Defendant in the above entitled matter (hereinafter "Defendant"), to move this honorable Court for a stay of execution and a stay of further proceedings to enforce judgment, pending disposition of Defendant's MOTION FOR RELIEF FROM JUDGMENT made pursuant to FRCP Rule 60: Relief from Judgment or Order. In pertinent part, FRCP Rule 62(b) reads as follows: (b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition ... of a motion for relief from judgment or order made pursuant to Rule 60 .... [emphasis added] Motion to Stay Execution and Proceedings to Enforce Judgment: Page 1 of 4 Defendant hereby respectfully requests mandatory judicial Notice by this honorable Court, pursuant to Rules 201(d), 301, and 302 of the Federal Rules of Evidence, of Defendant's MOTION FOR RELIEF FROM JUDGMENT made pursuant to Rule 60(b), which is submitted and filed concurrently with the instant motion. Defendant therein requests relief from final judgment and from further proceedings to enforce final judgment, for the following reasons which are elaborated in detail in said MOTION, to wit: 1. newly discovered evidence; 2. fraud, misrepresentation, or other misconduct of an adverse party; 3. the judgment is void; and, 4. other reasons justifying relief from the operation of the judgment. To support Defendant's claim that other reasons justify relief from the operation of the judgment, Defendant submits that He was never afforded a lawful verdict by a competent and qualified federal trial ("petit") jury in the instant case. See FRCP Rule 38, to wit: (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. [emphasis added] As a Citizen of Nebraska state who is not also a federal citizen, by Right of Election, Defendant hereby testifies to the fact that this Court has failed to preserve Defendant's fundamental Right of trial by jury, as declared by the Seventh Amendment to the Constitution for the United States of America, as lawfully amended. As such, Defendant's Right has not been preserved inviolate, contrary to the stated purpose of FRCP Rule 38. Motion to Stay Execution and Proceedings to Enforce Judgment: Page 2 of 4 REMEDY REQUESTED Wherefore, all premises having been duly considered, Defendant moves this honorable Court for an immediate stay of execution and an immediate stay of further proceedings to enforce judgment, pending final disposition of Defendant's MOTION FOR RELIEF FROM JUDGMENT filed separately and concurrently with the instant MOTION. VERIFICATION I, Vance E. Knudson, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without (outside) the "United States", that the above statement of facts and laws 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: ______________________________ Respectfully submitted, /s/ Vance E. Knudson _____________________________________ Vance E. Knudson, Sui Juris Citizen of Nebraska state (expressly not a citizen of the United States) All Rights Reserved without Prejudice Motion to Stay Execution and Proceedings to Enforce Judgment: Page 3 of 4 PROOF OF SERVICE I, Vance E. Knudson, 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 MOTION AND MOTION FOR STAY OF EXECUTION AND FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT: FRCP Rule 62(b) 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: SALLY R. JOHNSON Office of U.S. Attorney 487 Federal Building 100 Centennial Mall North Lincoln [zip code exempt] NEBRASKA STATE ROBERT D. METCALFE Trial Attorney, Tax Division U.S. Department of Justice c/o POB 7238, Ben Franklin Station Washington [zip code exempt] DISTRICT OF COLUMBIA Dated: __________________________________ /s/ Vance E. Knudson __________________________________________ Vance E. Knudson, Sui Juris Citizen of Nebraska state (expressly not a citizen of the United States) All Rights Reserved without Prejudice [See USPS Publication #221 for addressing instructions.] Motion to Stay Execution and Proceedings to Enforce Judgment: Page 4 of 4 # # #
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