Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President, New Life Health Center Company c/o 2509 N. Campbell, #1776 Tucson, Arizona state, USA zip code exempt (formerly DMM 122.32) Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) NOTICE AND DEMAND FOR ) PROOF OF JURISDICTION ) IN THE PARTICULARS: ) Rule 201(d), Federal ) Rules of Evidence _______________________________) COMES NOW Paul Andrew, Mitchell, Sui Juris, Citizen of Arizona state (hereinafter "Counsel") and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Company"), to provide formal Notice to all interested party(s), and to demand mandatory judicial Notice by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence, of Counsel's formal Demand, made hereby, for proof of jurisdiction, granted to this Court by Act(s) of Congress, to proceed over the subject matter of the above captioned case in the first instance. Counsel hereby directs this honorable Court to the Freedom of Information Act ("FOIA") request, dated May 12, 1996, and the corresponding FOIA appeal, dated May 24, 1996, wherein Counsel requested certified copies of the following document(s), to wit: 1. "Application of the United States of America" upon which the Subpoena to Testify before Grand Jury, dated March 5, 1996, was issued to the New Life Health Center Company, Tucson, Arizona Notice and Demand for Proof of Jurisdiction: Page 1 of 6 Counsel has previously briefed this honorable Court concerning the lack of any legal standing granted by Congress to the parties known as the "United States of America" [sic]. Counsel has subsequently filed proper FOIA requests for all statutes and regulations which grant legal standing to said parties to proceed either as plaintiffs, or as defendants, in either civil or criminal proceedings before this honorable Court. To date, the United States Department of Justice has failed to produce any such statutes or regulations. Accordingly, the "Application of the United States of America" appears to be fraudulent on its face, and must be entered into the permanent court record of the instant case, as a matter of law, to prove, once and for all, whether or not this honorable Court had any jurisdiction to proceed over the subject matter in the first instance. It is well established that subject matter jurisdiction can be raised at any time. For the convenience of this honorable Court, the FOIA request and appeal cited supra are attached hereto and incorporated by reference as if set forth fully herein. Notice and Demand for Proof of Jurisdiction: Page 2 of 6 NOTICE OF DEADLINE Competent and verifiable proof of this honorable Court's subject matter jurisdiction must be entered into the official court record of the instant case, and served on all interested party(s), including Counsel for the Company, by transmitting same via first class United States Mail to the following mailing location: Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, and Vice President for Legal Affairs New Life Health Center Company c/o 2509 North Campbell Avenue, #1776 Tucson, Arizona state no later than 5:00 p.m. on Friday, January 17, 1997. In the absence of said proof, Counsel and the Company reserve their fundamental Rights to all substantive and procedural remedy(s) of which they have been deprived to date by a criminal conspiracy of federal officers, employees, and agents in the instant case. REMEDY REQUESTED On behalf of the Company, Counsel hereby demands that competent and verified proof of jurisdiction, granted to this honorable Court by Act(s) of Congress to proceed over the subject matter of the instant case in the first instance, be filed in the official court record and also served on all interested party(s) no later than the deadline stated supra. See Proof of Service infra. Absent the requisite proof of jurisdiction, Counsel hereby provides formal Notice to all interested party(s) of Counsel's intention to take appropriate legal and lawful actions to enforce all of Counsel's and the Company's Rights. Notice and Demand for Proof of Jurisdiction: Page 3 of 6 VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs of New Life Health Center Company, 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, 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 January 6, 1997 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs, New Life Health Center Company, Tucson, Arizona state All Rights Reserved without prejudice Notice and Demand for Proof of Jurisdiction: Page 4 of 6 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND FOR PROOF OF JURISDICTION IN THE PARTICULARS: Rule 201(d), Federal Rules of Evidence by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL [sic] John M. Roll [sic] Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state JANET NAPOLITANO [sic] Clerk of Court Acapulco Building, Suite 8310 United States District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona state Tucson, Arizona state Judge Alex Kozinski Evangelina Cardenas [sic] Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California state Tucson, Arizona state Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington, D.C. Washington, D.C. Thomas H. Basham Eugene A. Burns Federal Bureau of Investigation New Life Health Center Company 201 East Indianola 4500 East Speedway, Suite 27 Phoenix, Arizona state Tucson, Arizona state William H. Rehnquist, C.J. Chief Judge Supreme Court of the United States Ninth Circuit Court of Appeals 1 First Street, N.W. c/o P.O. Box 193939 Washington, D.C. San Francisco, California Notice and Demand for Proof of Jurisdiction: Page 5 of 6 Executed on January 6, 1997: /s/ Paul Andrew Mitchell _________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs, New Life Health Center Company, Tucson, Arizona state All Rights Reserved without Prejudice Notice and Demand for Proof of Jurisdiction: Page 6 of 6 # # #
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In Re Grand Jury Subpoena