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 ) REQUEST FOR JUDICIAL NOTICE
) AND FIRST SUPPLEMENT TO
) CHALLENGE TO HOLDINGS OF
) U.S. SUPREME COURT
_______________________________)
COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona
Citizen (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 file this supplement to the Company's NOTICE OF
MOTION AND MOTION FOR CONTINUANCE AND RECONSIDERATION, AND
CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT previously filed in
the instant case and respectfully to request that his honorable
Court take formal Judicial Notice of the case of Smith v. United
States, 22 Fed.Case 694, 695 (1812), a copy of which is attached
for the convenience of the Court.
Specifically, the Smith case contains the following crucial
paragraphs, which are pertinent to the Company's argument in the
above mentioned CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT:
Request for Judicial Notice and Supplement to S.Ct. Challenge:
Page 1 of 3
6th. That the original writ was sued out in the name of the
United States of America, but the verdict was returned, and
judgment rendered for the United States, and not for the
United States of America. ...
The action is brought in the name of the "United States of
America." The verdict and judgment are for the "United
States," not "the said United States." The court cannot
judicially know that the "United States," and the "United
States of America" are one and the same. (But on this error
Mr. Prescott did not rely.) ...
The fourth and sixth errors have been disposed of in the
case of Sears v. U.S. [Case No. 12,592]
[Smith v. United States, 22 Fed.Case page 694]
[emphasis added]
Because of His heavy workload during the past several weeks,
Counsel has not yet had an opportunity to locate and review the
dispositive case to which Smith refers, i.e. Sears v. U.S., Case
No. 12,592. Counsel argues that such cases have been superseded
by the holding in Downes v. Bidwell, 182 U.S. 244 (1901).
Respectfully submitted on June 12, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
All Rights Reserved without Prejudice
Request for Judicial Notice and Supplement to S.Ct. Challenge:
Page 2 of 3
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):
REQUEST FOR JUDICIAL NOTICE
AND FIRST SUPPLEMENT TO CHALLENGE
TO HOLDINGS OF U.S. SUPREME COURT
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 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 12, 1996
/s/ Paul Andrew Mitchell
________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
All Rights Reserved without Prejudice
Request for Judicial Notice and Supplement to S.Ct. Challenge:
Page 3 of 3
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In Re Grand Jury Subpoena