Paul Andrew Mitchell, Sui Juris

c/o Forwarding Agent at:

350 – 30th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

 

 

 

District Court of the United States

 

Eastern Judicial District of California

 

 

Paul Andrew Mitchell,         )  No. CIV. S-01-1480 WBS DAD PS

                              )

          Plaintiff,          )  AUTHOR’S VERIFIED

                              )  CRIMINAL COMPLAINT:

     v.                       )

                              )   4 U.S.C. 101;

AOL Time Warner, Inc. et al., )  18 U.S.C. 242;

                              )  28 U.S.C. 1652, 1746;

          Defendants.         )  Article VI, Clause 3,

______________________________)  U.S. Constitution.

COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, Citizen of California, Private Attorney General and Federal Witness, to provide formal notice to all interested parties, and to demand mandatory judicial notice by this honorable Court, of this, Plaintiff’s VERIFIED CRIMINAL COMPLAINT charging the following named individuals with the corresponding criminal violations enumerated infra.

Plaintiff hereby formally charges:

 

Dale A. Drozd with:

commission of a high misdemeanor by practicing law from the bench without any authority whatsoever to preside on the Article III District Court of the United States, in violation of 28 U.S.C. 454 (one count) (see 28 U.S.C. 631).

 

Walter P. DeForest with:

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Wesley C.J. Ehlers with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Geoffrey A. Goodman with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Jeffrey M. Hamerling with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Susan H. Handelman with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Eugene J. Majeski with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Nancy J. Newman with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

Benjamin L. Webster with:

commission of a misdemeanor by the unauthorized practice of law and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6126 of same (one count);

 

commission of a misdemeanor by assuming to be an officer or attorney of this Court, by acting as such without authority, and by failing to produce the Certificate of Oath required to be indorsed upon a license by Section 6067 of the California Business and Professions Code, in violation of Section 6127 of same (one count);

 

commission of a misdemeanor by depriving Plaintiff of His fundamental Right to judicial officers who are bound by Oath or Affirmation to support the Constitution for the United States of America, as required by Article VI, Section 3, and by 4 U.S.C. 101, in violation of 18 U.S.C. 242 (one count).

 

INCORPORATION OF EVIDENCE

Plaintiff hereby incorporates by reference His MOTION TO STRIKE ALL PLEADINGS BY ATTORNEYS LACKING CREDENTIALS and all documents attached thereto, as previously filed in the instant case, as if set forth fully herein.

 

AFFIDAVIT OF PROBABLE CAUSE

Plaintiff now testifies that the evidentiary documents incorporated supra are true and correct, and they do constitute probable cause to charge the above named individuals with the corresponding criminal violations enumerated supra.

 

LIST OF AUTHORITIES

Plaintiff cites the following authorities in support of His VERIFIED CRIMINAL COMPLAINT, to wit:  Powell v. Alabama, 287 U.S. 45, 73 (1932) (“attorneys are officers of the court”);  Malautea v. Suzuki Motor Co., 987 F.2d 1536, 1546 (11th Cir 1993) (“All attorneys, as officers of the court ....”);  Pumphrey v. K.W. Thompson Tool Co., 62 F.3d 1128, 1130 (9th Cir. 1995) (see section “II.”);  “Let Us Be Officers of the Court,” by Hon. Marvin E. Aspen, 83 ABA Journal 94 (1997);  and FRCP Rule 1, Advisory Committee Notes, 1993 Amendments (“as officers of the court, attorneys share ....”).

 

DEMAND FOR RECUSAL

Plaintiff hereby demands that Dale A. Drozd recuse himself, effective immediately and permanently, from all further proceedings in the instant case.

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the above entitled action, hereby verify under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is 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).

 

Dated:   November 30, 2001 A.D.

 

Signed:  /s/ Paul Andrew Mitchell

         ___________________________________________

Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris


PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), 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):

 

AUTHOR’S VERIFIED CRIMINAL COMPLAINT:

4 U.S.C. 101;  18 U.S.C. 242;  28 U.S.C. 1652, 1746;

Article VI, Clause 3, U.S. Constitution.

 

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:

 

Clerk of Court

District Court of the United States

501 “I” Street, Suite 4-200

Sacramento 95814-2322

CALIFORNIA, USA

 

 

Courtesy copies to:

 

Ropers, Majeski, Kohn & Bentley     DeForest & Koscelnik

(failed to exhibit oaths)          (failed to exhibit oath)

1001 Marshall Street                3000 Koppers Building

Redwood City 94063                  436 Seventh Avenue

CALIFORNIA, USA                     Pittsburgh 15219

                                    PENNSYLVANIA, USA

 

Murphy Austin Adams Schoenfeld LLP  Pillsbury Winthrop LLP

(failed to exhibit oaths)          (failed to exhibit oaths)

P.O. Box 1319                       400 Capitol Mall, Suite 1700

Sacramento 95814-1319               Sacramento 95814-4419

CALIFORNIA, USA                     CALIFORNIA, USA

 

 

Dated:   December 4, 2001 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         __________________________________________________

Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona

         (notPro Se” [sic])