Paul Andrew Mitchell, B.A., M.S.
c/o UPS PMB #332
501 W. Broadway, Suite “A”
San Diego 92101
CALIFORNIA, USA
tel: (619) 234-5252
(msg)
fax: (619) 234-5272
All Rights Reserved
without Prejudice
Supreme Court of the United States
October Term, 2002
Paul Andrew
Mitchell, ) No. 03-5070
) 9th Cir. No. 02-15269 and
Plaintiff/Appellant,
) 372(c) No. 02-89005
v. )
) MOTION
FOR LEAVE TO PROCEED
AOL Time Warner, Inc. et al., ) IN
FORMA PAUPERIS:
)
Defendants/Appellees.) 28 U.S.C. §§ 1746(1), 1915.
_______________________________)
COMES NOW Paul Andrew Mitchell, Petitioner in the above entitled case, respectfully to request leave to proceed henceforth In Forma Pauperis upon filing his PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, lodged concurrently herewith.
Petitioner honestly misunderstood this Court’s Rules to allow petitions to be filed in 8½ x 11” format, even if the docket fee of $300 was prepaid in full (by remitting a U.S. Postal Money Order).
After Petitioner transmitted that docket fee and forty (40) copies of his PETITION in 8½ x 11” format, the Clerk of this Court rejected it because it was not formatted in Booklet Format.
On March 12, 2003 A.D., Petitioner also filed a civil RICO action in the Superior Court of California in downtown San Diego, California, against many of the same defendants in this case. 18 U.S.C. 1964(a).
The causes of action in that civil RICO case are based in part upon allegations of peonage and witness retaliation. Specifically, said defendants failed to honor Petitioner’s several invoices for professional services which he rendered and which they accepted.
The filing date of that action was dictated by the statute of limitations for civil RICO claims. See 18 U.S.C. 1961 et seq.
Accordingly, Petitioner has been forced by those defendants into a very painful and very protracted period of near abject poverty.
And, the cumulative cost of serving numerous pleadings upon as many
defendants has now totally depleted Petitioner’s funds.
There have been many days during the past 12 months when Petitioner found it necessary to expend his limited funds to pay for office supplies and postage, rather than to buy food.
The accompanying AFFIDAVIT in support of this MOTION details a few economic consequences of the poverty that Petitioner has been forced to endure, as a direct consequence of the RICO predicate acts alleged in the instant case, and also in his California State case.
To summarize, although he has not previously requested leave to proceed In Forma Pauperis here, Petitioner is presently unable to afford the additional costs that would now be required to re‑format, re‑print, re‑bind and re‑serve his PETITION in Booklet Format.
Accordingly, Petitioner respectfully requests leave to proceed henceforth In Forma Pauperis before this honorable U.S. Supreme Court, and to file his PETITION and its Appendices in 8½ x 11” format.
Dated: June 21,
2003 A.D. (55th
Birthday)
Signed: /s/ Paul
Andrew Mitchell
___________________________________________________
Printed: Paul Andrew Mitchell, Petitioner In Propria Persona
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):
28 U.S.C. §§ 1746(1), 1915
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 (10x)
Supreme Court of the United States
One First Street, Northeast
Washington 20543-0001
DISTRICT OF COLUMBIA, USA
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 95812-1319 Sacramento 95814-4419
CALIFORNIA, USA CALIFORNIA, USA
Curiale Dellaverson Hirschfeld Quinn Emanuel Urquhart Oliver
Kraemer & Sloan, LLP & Hedges, LLP
(failed to exhibit oaths) (failed to exhibit oaths)
727 Sansome Street 201 Sansome Street, 6th Floor
San Francisco 94111 San Francisco 94104
CALIFORNIA, USA CALIFORNIA, USA
Office of the General Counsel Paul Southworth
(failed to exhibit oaths) 2018 N. New Hampshire Ave.
University of California Los Angeles 90027
1111 Franklin Street, 8th Floor CALIFORNIA, USA
Oakland 94607-5200
CALIFORNIA, USA
Karl Kleinpaste Ram Samudrala
P.O. Box 1551 UW Micro Box 357242
Beaver Falls 15010 Seattle 98195-7242
PENNSYLVANIA, USA WASHINGTON STATE, USA
Laskin & Guenard Rivkin Radler, LLP
(failed to exhibit oath) (failed to exhibit oaths)
1810 South Street 1330 N. Dutton Ave., #200
Sacramento 95814 Santa Rosa 95401-4646
CALIFORNIA, USA CALIFORNIA, USA
Harvey Siskind Jacobs LLP Office of Solicitor General
(failed to exhibit oaths) 950 Pennsylvania Ave., N.W.
3 Embarcadero Center, Ste. 1060 Room 5614
San Francisco 94111 Washington 20530-0001
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Register of Copyrights Steinhart & Falconer LLP
Library of Congress (failed to exhibit oaths)
101 Independence Avenue, S.E. 333 Market Street, 32nd Floor
Washington 20559-6000 San Francisco 94105-2150
DISTRICT OF COLUMBIA, USA CALIFORNIA, USA
Matheny Sears Linkert & Long LLP Latham & Watkins
(failed to exhibit oaths) (failed to exhibit oaths)
P.O. Box 13711 633 West Fifth St., Ste. 4000
Sacramento 95853-4711 Los Angeles 90071-2007
CALIFORNIA, USA CALIFORNIA, USA
Courtesy copy:
Hon. Sandra Day O’Connor (supervising)
Supreme Court of the United States
One First Street, Northeast
Washington 20543-0001
DISTRICT OF COLUMBIA, USA
[Please see USPS Publication #221 for “addressing” instructions.]
Dated: June 20, 2003 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________________
Printed: Paul Andrew Mitchell, Petitioner In Propria
Persona