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

Private Attorney General, 18 U.S.C. 1964(a)

c/o Lake Union Mail

117 East Louisa Street

Seattle 98102-3203

WASHINGTON STATE, USA

In Propria Persona

All Rights Reserved

Without Prejudice

Supreme Court of the State of New York

Kings County

PEOPLE OF THE STATE OF NEW YORK, ) IND. #1632/1976

)

Plaintiff, )

v. )

)

WAMEL ALLAH a/k/a JAMES MITCHELL, )

)

Defendant. )

----------------------------------)

)

Citizens of New York State ) NOTICE OF INTENT

ex relatione ) TO APPLY FOR LEAVE TO INTERVENE

Paul Andrew Mitchell, ) AND FOR ORDER TO SHOW CAUSE:

)

Applicants. ) 18 U.S.C. 1964; and,

----------------------------------) 14 Stat. 27-30 (April 9, 1866).

All Citizens of New York State who are not also federal citizens, now appearing ex rel. Paul Andrew Mitchell, Private Attorney General, hereby provide formal NOTICE to all interested Party(s) of their specific intent to apply for leave formally to intervene in the above entitled case and, assuming leave is granted, to apply also for an ORDER to the Kings County District Attorney to show cause why the Defendant should not be re-sentenced to “time served” and released to a half-way house supervised by the New York State Office of Probation and Correctional Alternatives (“OPCA”).

In addition to certain factual issues that are unique to the instant case e.g. missing records, Applicants hereby make this offer to prove exactly why racial discrimination stubbornly persists as an essential feature of public policy throughout America today.

Chiefly, the 1866 Civil Rights Act could not and did not amend any provisions in the Constitution for the United States of America. Just ten (10) years earlier, the U.S. Supreme Court made it abundantly clear in Dred Scott v. Sandford, 60 U.S. 393, 15 L.Ed. 691 (1856), that a proper Constitutional Amendment was required to eliminate apartheid from the supreme Law of our Land, and the U.S. Supreme Court has never had any authority to amend the U.S. Constitution by any decision(s) issued by that Court.

Despite the obvious political firestorm that occurred immediately after that decision was issued, Applicants believe they are on very solid ground to argue that the U.S. Supreme Court was, and still is, correct on those 2 points: (1) apartheid was the Law at that time, and (2) the high Court had no authority to amend that Law. See Article V.

Applicants now attach three (3) documents and incorporate same by reference, as if set forth fully here. These documents elaborate the above points in accurate historical details which Applicants argue are sufficient to apply the obvious conclusions to the instant case: Defendant James Mitchell has been the victim of racial discrimination.

In this context, please also see Dyett v. Turner, 439 P.2d 266, 270 (1968); State v. Phillips, 540 P.2d 936, 941 (1975); Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; and, the Supremacy Clause.

Thank you very much for your consideration.

VERIFICATION
 

I, Paul Andrew Mitchell, Sui Juris, 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). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

 
 
Dated: April 12, 2011 A.D.
 
 
Signed: /s/ Paul Andrew Mitchell
 ______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
 All Rights Reserved without Prejudice

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 will personally serve the following document(s):

NOTICE OF INTENT
TO APPLY FOR LEAVE TO INTERVENE
AND FOR ORDER TO SHOW CAUSE:
18 U.S.C. 1964(a); 14 Stat. 27-30 (April 9, 1866)
 

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 (3x)
Supreme Court of the State of New York
320 Jay Street
Brooklyn 11201
NEW YORK STATE, USA
 
Kings County District Attorney (1x)
350 Jay Street
Brooklyn 11201
NEW YORK STATE, USA
 
James Mitchell (formerly Wamel Allah) (1x)
Inmate #77-B-0684
c/o Great Meadow Correctional Facility
P.O. Box 51
Comstock 12821
NEW YORK STATE, USA
 
 
Dated: April 12, 2011 A.D.
 
 
Signed: /s/ Paul Andrew Mitchell
 ______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
 All Rights Reserved without Prejudice