NOTICE OF REFUSAL FOR CAUSE
BY AFFIDAVIT
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: September 27, 2002 A.D.
SUBJECT: Formal Refusal of your letter dated September 18, 2002
Greetings Ms. Marrone:
In My FINAL NOTICE AND DEMAND dated September 1, 2002 A.D., I specifically required timely exhibition and certification of any and all documentary evidence that:
a federal judge did attempt to appoint Mr. Dale A. Drozd to the office of United States magistrate judge, pursuant to 28 U.S.C. 631(a) (or any other lawful authority);
and that:
a federal judge did attempt, pursuant to 28 U.S.C. 636(b)(1)(B) (or any other lawful authority), to designate Mr. Dale A. Drozd to conduct hearings and submit findings of fact and conclusions of law in My case, now pending before the Ninth Circuit.
Your letter of September 18, 2002 is fatally defective, for all of the following reasons, to wit:
(1) it is not certified under penalty of perjury (uncertified documents are not admissible);
(2) it does not exhibit evidence that a duly commissioned federal judge did lawfully appoint Mr. Dale A. Drozd to the office of United States magistrate judge (no such judge is identified anywhere in your letter of September 18, 2002); and,
(3) it does not exhibit evidence that a duly commissioned federal judge did designate Mr. Dale A. Drozd to conduct hearings and submit findings of facts and conclusions of law in My case, now pending before the Ninth Circuit (see ORDER OF REFERENCE, Form 34A in the Federal Rules of Civil Procedure).
Moreover, My original NOTICE AND DEMAND FOR SPECIFIC PERFORMANCE did not request from you copy(s) of any signed oath(s) of office. I do, however, expressly reserve My fundamental Right to compel disclosure of any and all such oaths of office, pursuant to Article VI, Clause 3 (“6:3”) in the U.S. Constitution as lawfully amended.
Finally, as stated in My original NOTICE AND DEMAND FOR SPECIFIC PERFORMANCE, the federal statute at 28 U.S.C. 631(b)(1) requires each U.S. magistrate judge to have been ‑‑ for at least five (5) years ‑‑ a member in good standing of the bar of the highest court of a State.
After My diligent and good faith efforts to obtain his certificate of oath indorsed upon his license to practice law in the State of California, as mandated by § 6067 of the California Business and Professions Code, all notified parties have failed to produce any such license, indorsement or certificate for Mr. Drozd, or any such license, indorsement or certificate executed by Mr. Drozd.
Therefore, I am now entitled to proceed on the basis of all the above, and to conclude therefrom, that Mr. Drozd was never a member in good standing of the State Bar of California and, consequently, he was never qualified to be appointed to the office of United States magistrate judge in the first instance.
His claim to the office of United States magistrate judge now assumes facts not in evidence.
Since you have had more than sufficient time to answer My NOTICE AND DEMAND FOR SPECIFIC PERFORMANCE and/or to request clarification or additional time to answer, I now invoke the doctrine of estoppel against your office. From this point forward, I hereby assert My right to bar any future correspondence from your office in the matter of the credentials required by Law of Mr. Dale A. Drozd.
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 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: September
27, 2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
___________________________________________
Printed: Paul
Andrew Mitchell, B.A., M.S., Sui Juris
Appellant In
Propria Persona (not “Pro Se”)
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):
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
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
[Please see USPS Publication #221 for “addressing”
instructions.]
Dated: September
27, 2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
__________________________________________________
Printed: Paul Andrew Mitchell, Appellant In Propria Persona