MEMO

 

TO:       Administrative Office of the United States Courts

          Attention:  Kathryn Marrone, Staff Attorney

          Magistrate Judges Division

          One Columbus Circle, N.E.

          Washington 20544

          DISTRICT OF COLUMBIA, USA

 

FROM:     Paul Andrew Mitchell, B.A., M.S.

          Private Attorney General and Plaintiff/Appellant,

          Mitchell v. AOL Time Warner, Inc. et al.

          Ninth Circuit appeal #02-15269

 

DATE:     January 3, 2003 A.D.

 

SUBJECT:  term of office for appointment of Dale A. Drozd to the

          USDC, Eastern District of California, 28 U.S.C. 631(e)

 

Greetings Ms. Marrone:

 

Happy New Year to you and all personnel at the Administrative Office of the United States Courts.

 

We are writing to request confirmation from your personnel records of the term of office currently claimed by Mr. Dale A. Drozd.

 

You will please note from the federal statute at 28 U.S.C. 631(e) that the appointment of any individual as a full-time magistrate shall be for a term of eight years, and the appointment of any individuals as a part-time magistrate shall be for a term of four years.

 

At the hearing had on December 14, 2001, I seem to recall hearing Mr. Drozd say that he was appointed for a term of eight (8) years.

 

Your letter to us dated September 18, 2002, alleges that Mr. Drozd took the oath of office as a United States magistrate judge on July 15, 1997.  The official record in the above entitled case shows evidence of actions taken by Mr. Drozd as late as April 25, 2002.  The latter date occurred more than four (4) years after July 15, 1997.

 

Are we correct to infer from these two dates that Mr. Drozd currently claims to occupy the office of full-time United States magistrate judge (not part-time)?  Your prompt answer will be most appreciated.

 

Please be advised that the United States ex rel. Paul Andrew Mitchell, Private Attorney General, has now petitioned the U.S. Court of Appeals for the Ninth Circuit for a prerogative Writ in the nature of a Quo Warranto to be served upon Mr. Drozd.  For your continued convenience, this pleading is available at Internet URL:

 

http://www.supremelaw.org/cc/aol/quowarranto.htm

 

Thank you, in advance, for your timely and professional consideration.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

Paul Andrew Mitchell, B.A., M.S.

Private Attorney General and Appellant/Relator

Mitchell v. AOL Time Warner, Inc. et al.

Ninth Circuit appeal #02-15269, 372(c) #02-89005

 

copy:  Judge Alex Kozinski, Ninth Circuit (supervising)