Everett C. Gilbertson, Sui Juris
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

All Rights Reserved Without Prejudice







               DISTRICT COURT OF THE UNITED STATES

                 JUDICIAL DISTRICT OF MINNESOTA

                         FOURTH DIVISION


Everett C. Gilbertson,        )  Docket Number:  CR-4-96-65
                              )
          Plaintiff,          )  NOTICE OF PETITION AND VERIFIED
                              )  PETITION FOR WARRANT OF REMOVAL
     v.                       )  BY THREE-JUDGE PANEL:
                              )  18 U.S.C. 1964(a);
United States,                )  28 U.S.C. 292(b), 1331, 1332,
and Does 1-99,                )  1333(1), 1359, 1367(a), 1441(b),
                              )  1441(c), 1446, 1451(2), 1631,
          Respondents.        )  2284;  5 U.S.C. 552(a)(4)(B);
                              )  FRCP Rules 9(h), 11, 38
                              )
                              )  JURY TRIAL DEMANDED
______________________________)


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state,  expressly  not  a  citizen  of  the  United  States,  and

Plaintiff in the above entitled matter (hereinafter "Plaintiff"),

to petition  this honorable  Court for  a Warrant of Removal by a

three-judge panel,  pursuant to  the authorities  cites supra, of

case number  #CR-4-96-65 (hereinafter  "Criminal Case")  from the

United States District Court [sic], District of Minnesota, Fourth

Division (hereinafter  "USDC"), to  the  District  Court  of  the

United States  [sic],  Judicial  District  of  Minnesota,  Fourth

Division (hereinafter  "DCUS"), on  the several federal questions

involved, to wit:


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 1 of 8


     (1)  As applied  to Citizens of Minnesota state, the federal

Jury Selection  and Service  Act, 28  U.S.C. 1861  thru 1865,  is

unconstitutional for  exhibiting prohibited  class discrimination

against Citizens  of Minnesota  who are  not also citizens of the

United States  ("federal citizens"),  by  Right of Election.  The

statutes  and   practices  of   Minnesota  state   are   likewise

unconstitutional for  requiring that  all  registered  voters  be

federal citizens  before they  are eligible  to vote  in  general

elections  of   United  States   Representatives,  United  States

Senators, and  the President  of the  United States.    Plaintiff

hereby stipulates  that federal  citizens do  not have  any legal

standing to bring this challenge in the first instance.

     (2)  Plaintiff has  submitted proper  Freedom of Information

Act ("FOIA")  requests  for  certified  copies  of  the  official

credentials of  all  alleged  federal  officers,  employees,  and

agents who  have touched  the Criminal  Case in  any way, and for

other certified  documentary evidence  necessary to  prove, as  a

matter of  record, the  existence or  absence of  lawful  federal

authority  to  proceed  with  the  Criminal  Case  in  the  first

instance.  To date the certified documents requested by Plaintiff

have not  been produced.   See  Plaintiff's AFFIDAVITS OF DEFAULT

AND OF PROBABLE CAUSE, previously filed in the Criminal Case.

     Accordingly, Plaintiff  seeks  to  petition  this  honorable

Court for  an order compelling production of documents improperly

withheld, and  enjoining the  withholding of  documents  properly

requested.   The District Court of the United States is the court

of competent,  original jurisdiction  to litigate  FOIA requests.

See 5 U.S.C. 552(a)(4)(B).


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 2 of 8


     (3)  Plaintiff  complains  of  systematic  and  premeditated

deprivations of fundamental Rights guaranteed by the Constitution

for  the   United  States   of  America,   as  lawfully   amended

(hereinafter  "U.S.  Constitution"),   and  the  Constitution  of

Minnesota  state,   as  lawfully   amended  (hereinafter   "State

Constitution"), which  deprivations are criminal violations of 18

U.S.C. 241 and 242.  See also 28 U.S.C. 1652.

     (4)  Plaintiff seeks  to convene  a competent  and qualified

three-judge panel,  in order  to adjudicate Plaintiff's challenge

to the  apportionment of congressional districts within Minnesota

state.     See  28  U.S.C.  2284.    Plaintiff  argues  that  the

apportionment of  congressional districts  within Minnesota state

is unconstitutional,  by virtue  of the  prohibited,  class-based

discrimination which  is exhibited by the State Constitution, and

by related  statutes and  practices, all  of which  require  that

registered voters be federal citizens.

     The  First and Tenth  Amendments guarantee  to Plaintiff the

Right of  Election to  associate with  one, the  other, both,  or

neither of  the  two (2) separate classes  of  citizenship  which

exist in  American law  never repealed  (4 cases  total).  In all

general and  special elections,  Minnesota state  is not counting

any  Citizens  of  Minnesota  state  who  are  not  also  federal

citizens, because  the former  simply cannot  register as such to

vote in Minnesota state.


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 3 of 8


                          JURISDICTION

     This District  Court  of  the  United  States  has  original

jurisdiction of this action, pursuant to authorities cited in the

above caption,  to wit:   18  U.S.C. 1964(a),  28 U.S.C.  292(b),

1331, 1332,  1333(1),  1359,  1367(a),  1441(b)  and  (c),  1446,

1451(2), 1631  and 2284.  Pursuant to the definition at 28 U.S.C.

1451(2), the  USDC from  which  Plaintiff  seeks  to  remove  the

Criminal Case is a "State" court as defined therein, because said

court is  a legislative  tribunal domiciled  in the  District  of

Columbia.  See Balzac v. Porto Rico [sic], 42 S.Ct. 343, 258 U.S.

298 at  312, 66  L.Ed 627  (1921);  and compare 18 U.S.C. 1964(a)

("district courts  of the  United States")  with 1964(c) ("United

States district court").

     In contrast,  the DCUS  is an Article III court with general

authority to  hear all  questions arising under the Constitution,

Laws, and  Treaties of  the  United  States,  including  but  not

limited  to   the  First   Amendment,  Fourth   Amendment,  Fifth

Amendment, Sixth  Amendment, Eighth  Amendment, Ninth  Amendment,

Tenth Amendment, Thirteenth Amendment, the International Covenant

on Civil  and Political  Rights, and the Universal Declaration of

Human Rights, enacted with reservations.  See Supremacy Clause.


                INCORPORATION OF PRIOR PLEADINGS

     Plaintiff hereby  incorporates by  reference  all  pleadings

heretofore filed  or  otherwise  lodged  in  the  Criminal  Case,

specifically  including   but  not   limited  to   all  pleadings

previously filed or lodged in said case by Plaintiff, and also by

alleged officers,  employees, and/or  agents of the Department of

Justice, who  are alleged  agents of  the United  States who have

claimed, but  failed to  demonstrate, any credentials or power(s)

of attorney  to represent  the UNITED  STATES OF AMERICA [sic] as

Plaintiffs with  lawful standing  in the  Criminal Case which was

allegedly brought before the USDC for criminal prosecution.


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 4 of 8


                     NOTICE OF RELATED CASES

     Plaintiff  also  wishes  respectfully  to  demand  mandatory

judicial notice,  pursuant to Rule 201(d) of the Federal Rules of

Evidence, and  pursuant to  the Full  Faith and Credit Clause, of

the following related cases, to wit:

     (1)  People of  the United  States of  America ex  relatione

Paul Andrew  Mitchell v.  United States  et  al.,  DCUS  Montana,

Billings Division, Case Number #CV-96-163-BLG;  see attached copy

of  NOTICE   OF  REFUSAL  FOR  CAUSE  [cites  omitted]  which  is

incorporated by reference as if set forth fully herein.

     (2)  In re:  Paul Andrew Mitchell Freedom of Information Act

Request, USDC Montana, Helena Division, Case Number #MCV-96-50-H-

CCL;   see attached  copy of  NOTICE OF  REFUSAL FOR CAUSE [cites

omitted] which  is also incorporated by reference as if set forth

fully herein.

     (3)  Looker v. United States  et al.,  DCUS  West  Virginia,

Northern Judicial  District, Case  Numbers #5:96-CR-40, #1:96-CR-

41, #1:96-CR-42,  and #1:96-CR-43;  see attached copy of REBUTTAL

TO RESPONSE  OF UNITED  STATES  TO  PLAINTIFF'S  MOTION  TO  STAY

PROCEEDINGS   UNTIL    FINAL   REVIEW   OF   CHALLENGE   TO   THE

CONSTITUTIONALITY OF  JURY SELECTION  AND SERVICE ACT:  28 U.S.C.

1861 et seq.,  which  is also incorporated by reference as if set

forth fully herein.

     (4)  Sheila Terese  Wallen v.  United States  et  al.,  DCUS

Arizona, Tucson, Case Number #95-484-TUC and related action(s) of

the U.S. Court of Appeals for the Ninth Circuit in said case.

     (5)  State  of   Alabama  v.  William  Michael  Kemp,  DCUS,

Northern District  of Alabama,  Middle Division, Case Number #CV-

97-H-0022-M and related actions of the USDC in said case.


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 5 of 8


               RESERVATION OF RIGHTS DUE TO FRAUD

     Plaintiff hereby  explicitly reserves  His fundamental Right

to amend  this and all subsequent pleadings, should future events

and/or discoveries  prove that Plaintiff has failed adequately to

comprehend  the  full  extent  of  the  damage(s)  which  He  has

sustained at  the  hands  of  the  Respondents,  both  named  and

unnamed, now and at all times in the future.

     Plaintiff hereby  also explicitly  reserves His  fundamental

Right to  enjoy a  panel of  three (3)  competent  and  qualified

federal judges  whose compensations  are not  being diminished by

federal income taxes, pursuant to Article III, Section 1 ("3:1"),

in the  U.S. Constitution, and Evans v. Gore, 253 U.S. 245 (1920)

(never overturned).   Plaintiff  offers to  prove that subsequent

U.S. Supreme Court decisions were founded on false premises.

     Plaintiff hereby  specifically complains that Congress knew,

or  should  have  known,  that  the  federal  court  of  original

jurisdiction to  enforce the  FOIA is  the District  Court of the

United States  ("DCUS"), not  the United  States  District  Court

("USDC"), when  Congress published A CITIZEN'S GUIDE ON USING THE

FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST

GOVERNMENT RECORDS,  First  Report  by  the  House  Committee  on

Government  Operations,  Subcommittee  on  Information,  Justice,

Transportation, and  Agriculture, 1993 Edition, House Report 103-

104, 103rd Congress, 1st Session, Union Calendar No. 53.

     Said  CITIZEN'S GUIDE incorrectly  cited the  United  States

District  Court   ("USDC")  as  the  federal  court  of  original

jurisdiction for  judicial enforcement of FOIA requests.  Compare

5 U.S.C.  552(a)(4)(B) in pari materia.   There is  no statute of

limitations on fraud, whether actual or constructive.


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 6 of 8


                     NOTICE OF RELATED ORDER

     The court of original jurisdiction to litigate FOIA requests

is  res judicata.   See the ORDER of United States District Judge

John M.  Roll, dated  May 21,  1996, In  re Grand  Jury  Subpoena

Served on  New Life  Health Center  Company, Case  No.  GJ-95-1-6

(JMR), USDC, Tucson, Arizona state, to wit:

        "... [T]his [USDC] is not the proper forum to bring a
         request under the Freedom of Information Act."


                        REMEDY REQUESTED

     Wherefore,  Plaintiff   hereby  petitions   this   honorable

District Court  of the  United States  for a three-judge panel to

issue a  Warrant of  Removal to the United States District Court,

District of  Minnesota, Fourth  Division, to  remove the Criminal

Case from  said court  into this  District Court  of  the  United

States, Judicial District of Minnesota, Fourth Division, with all

deliberate speed.

                          VERIFICATION

     The Undersigned  hereby verifies,  under penalty of perjury,

under the  laws of  the United  States of  America,  without  the

"United States",  that the  above statements of fact are true and

correct, to  the best  of My  current information, knowledge, and

belief, so Me God, pursuant to 28 U.S.C. 1746(1).


Dated:  _______________________________________


Respectfully submitted,

/s/ Everett C. Gilbertson
______________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 7 of 8


                        PROOF OF SERVICE

I, Everett  C.  Gilbertson,  Sui  Juris,  hereby  certify,  under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without the "United States," 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 PETITION AND VERIFIED PETITION
          FOR WARRANT OF REMOVAL BY THREE-JUDGE PANEL:
   18 U.S.C. 1964(a);  28 U.S.C. 292(b), 1331, 1332, 1333(1),
       1359, 1367(a), 1441(b), 1441(c), 1446, 1631, 2284;
         5 U.S.C. 552(a)(4)(B);  FRCP Rules 9(h), 11, 38
                       JURY TRIAL DEMANDED

by placing one true and correct copy of said document(s) in first

class U.S.  Mail, with  postage prepaid and properly addressed to

the following:


Henry Shea
United States Attorneys
110 South Fourth Street
Minneapolis [zip code exempt]
MINNESOTA STATE

Attorney General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA


Dated:  _________________________________


/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice

See USPS Publication #221 for addressing instructions.


 Notice of Petition and Verified Petition for Warrant of Removal:
                           Page 8 of 8


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U.S.A. v. Gilbertson, 8th Circuit