Time: Thu Nov 14 10:11:26 1996
To: "John Burr" <john.burr@qmail.eonetworks.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: county judge removal
Cc: 
Bcc: 

John Edward,

Yes, I agree, assuming that
these Notices are filed in the
DCUS, and not in the county
court.  If you think I am correct
here, then there is no need to respond.

/s/ Paul Mitchell


At 09:01 AM 11/14/96 U, you wrote:
>Yes, you could refuse the order for fraud FRCP 9(b),

yes: failure to disclose
what SHOULD have been disclosed;
cf. "fraud" in Black's

 for failure to state a
>claim for which relief can be granted FRCP 12(b)(6),

yes:  no motion was before the 
county court, so no claim had
been made at that point in the
proceeding

 and the county court
>lacks juridiction 12(b)(1)

yes again: because the motion was
not before that court, it was
before the DCUS, to wit:
PETITION FOR WARRANT OF REMOVAL
FROM 3-JUDGE PANEL

> and I believe 12(b)(3).

improper venue, yes.


>
>John Edward
>------------------------------
>From: Paul Andrew Mitchell
>
>
>John Burr,
>
>Here is the county judge's ruling.
>It is wrong, because the motion
>was not before him, it was before
>the DCUS.  Moreover, he ordered the
>case removed into the USDC.  They
>are falling right into the trap,
>and they don't even know it.  I love it!
>Would you refuse this for cause,
>or just let it ride, and handle the
>errors at the other end?
>
>/s/ Paul Mitchell
>
>[This text is formatted in Courier 11, non-proportional spacing.]
>
>
>                         [transcription]
>
>           MONTANA SIXTEENTH JUDICIAL DISTRICT COURT,
>                         GARFIELD COUNTY
>
>People of the United States      )
>of America, ex relatione         )
>Paul Andrew Mitchell,            )    Cause No. 2721
>                                 )
>                Petitioners,     )
>                                 )
>          -vs-                   )     Order
>                                 )
>United States et al.,            )
>                                 )
>                Respondents.     )
>_________________________________
>
>     The Plaintiff has filed in the above-entitled
>
>action a document which he calls, among other things, a
>
>Petition for Removal.
>
>     This Court has previously, on July 22, 1996,
>
>dismissed the action with prejudice as being frivolous.
>
>     It is this Court's opinion that the Clerk of Court
>
>has no discretion once a petition for removal is filed.
>
>Therefore, the Court orders the Clerk of Court of
>
>Garfield County to transmit Court File 2721 to the Clerk
>
>of the United States District Court, Room 5405, Federal
>
>Building, 316 North 26th Street, Billings, Montana,
>
>59101 for appropriate action and to serve a copy of this
>
>Order on the United States Attorney, Box 1478, Billings,
>
>Montana, 59103 and the Plaintiff, Paul Andrew Mitchell,
>
>P.O. Box 80446, Billings, Montana, and Paul Andrew
>
>Mitchell, 2509 North Campbell, #1776, Tucson, Arizona,
>
>and to create another file No. 2721 to file a copy of
>
>this Order.
>
>     Dated this 28th day of October, 1996.
>
>     /s/ KENNETH R. WILSON, DISTRICT JUDGE
>
>
>
>******************* NOTE *******************
>There may be important message content
>contained in the following MIME Information.
>********************************************
>
>
>------------------ MIME Information follows ------------------
>
>--=====================_847984099==_
>
><<<<<< See above "Message Body" >>>>>>
>
>--=====================_847984099==_
>Content-Disposition: attachment; filename="REMOVORD.DOC"
>
>
>--=====================_847984099==_
>
>
>===========================================================
>Paul Andrew, Mitchell, B.A., M.S.:  pmitch@primenet.com                  
>ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state
>===========================================================
>
>--=====================_847984099==_--
>
>
>
>
>
      

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