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

c/o Dr. John C. Alden, M.D.

350 – 30th Street, Suite 444

Oakland 94609-3426

CALIFORNIA, USA

 

tel:  (510) 452-2020

fax:  (510) 832-8507

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

United States Court of Appeals

 

Ninth Circuit

 

 

Paul Andrew Mitchell,          )  Appeal No. 02-15269 and

                               )  372(c) No. 02-89005

          Plaintiff/Appellant, )

     v.                        )  NOTICE OF MOTION AND

                               )  APPELLANT’S FIRST MOTION FOR

AOL Time Warner, Inc. et al.,  )  MANDATORY JUDICIAL NOTICE,

                               )  BY AFFIDAVIT:

          Defendants/Appellees.)  FREv Rule 201(d);

_______________________________)  28 U.S.C. 1746(1).

COMES NOW Paul Andrew Mitchell, Appellant in the above entitled case, to request mandatory judicial Notice by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence (“FREv”), of the following documents:

 

(1)           Fax Transmittal Sheet from the U.S. Copyright Office,

Office of the General Counsel, dated April 1, 2002;

 

(2)           Letter to Appellant from David O. Carson, General Counsel,

U.S. Copyright Office, dated March 29, 2002;

 

(3)           Certificate of Registration No. TX 5-436-561,

Effective Date of Registration: July 23, 2001;

 

(4)           MEMO from Appellant to David O. Carson, General Counsel,

in re: copyright registration issues, April 3, 2002 A.D.;

 

(5)           Appellant’s FORM TX Application for Copyright Registration

of the electronic third edition of the subject book,

dated and shipped on April 2, 2002 A.D. via UPS:

2nd Day Air Tracking Number 1Z 526 28W 02 1004 120 7;

 

(6)           Appellant’s FORM TX Application for Copyright Registration

of the electronic fourth edition of the subject book,

dated and shipped on April 2, 2002 A.D. via UPS:

2nd Day Air Tracking Number 1Z 526 28W 02 1004 120 7;

 

(7)           Appellant’s Receipt for two (2) U.S. Postal Money Orders

tendered in full payment for Applications (5) & (6) supra;

and,

 

(8)  PROOF OF SERVICE of Appellant’s MEMO TO GENERAL COUNSEL,

U.S. COPYRIGHT OFFICE, dated April 3, 2002 A.D.

 

Said documents are hereby incorporated by reference, as if set forth fully here.

 

DISCUSSION

Appellant wishes to stress herein that the U.S. Copyright Office did confirm registration of “The Federal Zone: Cracking the Code of Internal Revenue,” effective July 23, 2001 A.D.

This effective date preceded August 1, 2001, the date on which Appellant filed His Initial COMPLAINT in the District Court of the United States in Sacramento, California.

Thus, on the basis of this one fact, the District Court of the United States did have subject matter jurisdiction of Appellant’s copyright infringement claims (see Initial COMPLAINT, COUNT ONE).

On June 21, 2001 A.D. ‑‑ Appellant’s 53rd birthday and the date on which Appellant completed His original FORM TX application for said registration ‑‑ Appellant relied upon the plain language of the federal statute at 17 U.S.C. 408(b)(2).

Said statute clearly states that the material deposited for registration shall include ... two complete copies of the best edition (not all or multiple editions) [emphasis added].

The eleventh edition of the subject book was the best edition as of June 21, 2001 A.D.

It was not until Appellant was contacted by Larry “Skip” Schultz of the U.S. Copyright Office, in March 2002 A.D., that Appellant was first notified that He would also be required to submit a separate FORM TX application, deposit and fee for each of the electronic third and fourth editions of the subject book.

In this context, please see Appellant’s MOTION FOR ORDER ENJOINING FURTHER INACTION BY THE REGISTER OF COPYRIGHTS executed on March 6, 2002 A.D., and later denied by this honorable Court.

Accordingly, documents (5) and (6) itemized supra were shipped to the U.S. Copyright office with two (2) CD-ROM deposits containing the electronic third and fourth editions of the subject book.

 

REMEDY REQUESTED

Appellant respectfully requests this honorable Court to take mandatory judicial notice of the documents itemized above, with particular emphasis on Certificate of Registration No. TX 5‑436‑561 effective July 23, 2001 (one week before the instant case was filed).

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, Appellant 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 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:   July 1, 2002 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ___________________________________________

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

         Appellant In Propria Persona (notPro Se” [sic])


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):

 

NOTICE OF MOTION AND

APPELLANT’S FIRST MOTION FOR

MANDATORY JUDICIAL NOTICE,

BY AFFIDAVIT:

FREv Rule 201(d);  28 U.S.C. 1746(1)

 

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:

 

Judge Alex Kozinski                Clerk of Court (5x)

Ninth Circuit Court of Appeals     Attention:  Cathy Catterson

P.O. Box 91510                     Ninth Circuit Court of Appeals

Pasadena 91109-1510                P.O. Box 193939

CALIFORNIA, USA                    San Francisco 94119-3939

                                   CALIFORNIA, USA

 

Latham & Watkins

633 West Fifth Street

Los Angeles 90071-2007

CALIFORNIA, USA

 

 

[Please see USPS Publication #221 for “addressing” instructions.]

 

 

Dated:   July 1, 2002 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         __________________________________________________

Printed: Paul Andrew Mitchell, Appellant In Propria Persona