Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
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 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF CHALLENGE
) TO UNITED STATES ATTORNEY
_______________________________) AND DEADLINE FOR RESPONSE
NOTICE
Notice is hereby provided to all interested parties, and formal
judicial notice is hereby requested, of the attached CONSTRUCTIVE
NOTICE AND DEMAND, dated May 27, 1996, with attachment, and
addressed to Mr. Robert A. Johnson, which is incorporated by
reference as if set forth fully herein.
Said CONSTRUCTIVE NOTICE AND DEMAND provides Mr. Johnson
with a true and correct copy of, and also informs him of the
contents of, EXHIBIT "D" which is an exhibit previously attached
to the Company's AFFIDAVIT OF CAUSES AND OBJECTIONS TO O.S.C.
This AFFIDAVIT has already been filed in the instant case, with
its own exhibits attached.
The CONSTRUCTIVE NOTICE AND DEMAND mailed to Mr. Johnson via
Certified U.S. Mail, sets a deadline of thirty (30) calendar
days, as of May 27, 1996 (i.e. June 26, 1996), to file any
verified affidavit(s) of rebuttal to said EXHIBIT "D".
Notice of Challenge to U.S. Attorney and Deadline:
Page 1 of 3
Further, the CONSTRUCTIVE NOTICE AND DEMAND goes on to state
that, under applicable rules of the Common Law, which have been
formally invoked in this case, his failure to rebut said EXHIBIT
will render it conclusive fact and the truth of the case for all
time. Silence creates estoppel by acquiescence. See attached.
Mr. Johnson is thereby advised that the Company and its
officers and co-workers have explicitly reserved their
fundamental Right to have a jury of peers resolve controversies
of fact and law in this case. The jury qualification statute
which controls the selection of grand and petit jurors has
already been formally challenged by the Company in its NOTICE OF
CHALLENGE TO CONSTITUTIONALITY OF STATUTE (28 USC 1865), so the
meaning of "jury of peers" is expected to become a matter of
future litigation in the instant case.
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state, hereby certify, under penalty of perjury, under the laws
of the United States of America, without the "United States,"
that the attached CONSTRUCTIVE NOTICE AND DEMAND is a true and
correct copy of the original in my possession and control,
pursuant to 28 USC 1746(1).
Executed on June 5, 1996
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Notice of Challenge to U.S. Attorney and Deadline:
Page 2 of 3
PROOF OF SERVICE
I, Linda H. Burns, 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, that I am not currently a
Party to this action, and that I personally served the following
document:
NOTICE OF CHALLENGE
TO UNITED STATES ATTORNEY
AND DEADLINE FOR RESPONSE
by placing said document with exhibits in first class U.S. Mail,
with postage prepaid and properly addressed to the following
individuals:
ROBERT L. MISKELL John M. Roll
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO Clerk
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway Downtown Station
Tucson, Arizona Tucson, Arizona
Judge Alex Kozinski Evangelina Cardenas
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California Tucson, Arizona
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.
Dated: June 5, 1996
/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
All Rights Reserved without Prejudice
Notice of Challenge to U.S. Attorney and Deadline:
Page 3 of 3
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In Re Grand Jury Subpoena