Paul Andrew Mitchell, Sui Juris

c/o Forwarding Agent at:

350 – 30^th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

In Propria Persona

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, ) FIRST SUPPLEMENT TO MOTION

) FOR INTERLOCUTORY JUDGMENT,

v. ) AND CHALLENGE TO THE

) CONSTITUTIONALITY OF AN

AOL Time Warner, Inc. et al., ) ACT OF CONGRESS

)

Defendants. )

______________________________)

COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, Citizen of California, Private Attorney General and Federal Witness, to file this, His FIRST SUPPLEMENT TO MOTION FOR INTERLOCUTORY JUDGMENT, and to provide formal notice to all interested parties of same.

The Local Rules currently in force in the Eastern District of California are applicable only in the United States District Court and not in this honorable District Court of the United States.

The title page of said Local Rules clearly reads:

Local Rules of the

United States District Court

Eastern District of California

Effective August 1, 1997

Local Rule 1-100(a) clearly reads:

(a) Title. These are the Local Rules of Practice for the United States District Court, Eastern District of California. [bold emphasis added]

Similarly, Local Rule 1-102(a) clearly reads:

(a) Scope. These Rules govern all litigation in the United States District Court for the Eastern District of California, the boundaries of which are set forth in 28 U.S.C. § 84. [bold emphasis added]

Accordingly, Plaintiff is not bound by the Local Rules of the United States District Court for the Eastern District of California.

This latter statement is true, notwithstanding any assertions made by any Magistrate Judge(s) to the contrary in the official Clerk’s record of the instant case. See also 28 U.S.C. 631 and Local Rule 1-101(18) (definition of “Magistrate Judge”).

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):

FIRST SUPPLEMENT TO MOTION

FOR INTERLOCUTORY JUDGMENT, AND

CHALLENGE TO THE CONSTITUTIONALITY

OF AN ACT OF CONGRESS

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

(not “Pro Se” [sic])