Donald Wishart, Sui Juris
Citizen of California State
and Federal Witness
c/o 5150 Graves Avenue, #12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
All Rights Reserved
without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF CALIFORNIA
Donald Wishart, Whistleblower, ) Case No. C-97-20389-JW
)
Plaintiff, ) NOTICE OF MOTION AND
) MOTION FOR RELIEF FROM ORDER
v. )
) FRCP Rules 60(b)(4), 60(b)(6);
Paul Camancho and Brian Watson, ) Arising Under Clause;
Defendants. )
_________________________________) Date: _______ Time: ________
COMES NOW Donald Wishart, Sui Juris, Citizen of California State, expressly not a citizen of the United States, and Plaintiff in the above entitled matter (hereinafter “Plaintiff”), to move this honorable Court for relief from its ORDER dated September 4, 1997, for the following meritorious reasons, and to provide formal NOTICE to all Proper Parties of same:
1. Said ORDER is demonstrably void under FRCP Rule 60(b)(4);
2. Defendants did not have any oaths of office, as a matter of law, and were not entitled to a 60-day answer deadline;
3. A 60-day answer deadline assumes facts not in evidence;
4. Clerk was correct to inform Defendants of a 20-day answer deadline in the original SUMMONS served on April 28, 1997;
5. Plaintiff’s request for entry of default on May 21, 1997, was timely and correct;
6. U.S. Department of Justice had no valid power(s) of attorney to represent Defendants, in the first instance;
7. U.S. Department of Justice had no general powers of attorney to represent IRS employees, in the first instance;
8. U.S. Department of Justice had no limited power(s) of attorney to represent Defendants, in the first instance; and,
9. Defendants’ “answer” served on June 19, 1997 was never properly before the Court, and should be stricken.
Plaintiff hereby informs this honorable Court of Plaintiff’s VERIFIED CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND MONETARY DAMAGES, lodged concurrently with the instant Motion in Donald E. Wishart v. United States et al., DCUS San Jose, California, Clerk’s Docket No. CR-00-20227-JF.
Said CROSS-COMPLAINT was lodged in response to a criminal “indictment” brought against Donald E. Wishart (aka Donald Wishart) in UNITED STATES OF AMERICA v. DONALD E. WISHART [sic], USDC San Jose, California, Clerk’s Docket No. CR-00-20227-JF supra.
In the latter case, criminal Defendant Donald E. Wishart has petitioned for declaratory and injunctive relief which, if granted, will reduce one or more of the above stated reasons to final judgment.
See the REMEDY REQUESTED in criminal Defendant’s FIRST CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF now filed in Clerk’s Docket No. CR-00-20227-JF supra.
All premises having been duly considered, Plaintiff respectfully moves this honorable Court for an ORDER:
(1) striking Defendants’ “answer” for lacking lawful power(s) of attorney;
(2) entering default and final judgments against both Defendants;
(3) consolidating the instant case file with Clerk’s docket number #CR-00-20227-JF; and,
(4) vacating this Court’s ORDER dated September 4, 1997.
I, Donald E. Wishart, 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 in pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties of the United States).
Dated: September 19, 2000 A.D.
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
I, Donald E. Wishart, 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):
MOTION FOR RELIEF
FROM ORDER:
FRCP Rules 60(b)(4), 60(b)(6);
Arising Under Clause; 28 U.S.C. 1331
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:
Paul Camacho (incorrectly spelled on caption page)
Internal Revenue Service
55 South Market Street
San Jose [ZIP code exempt]
CALIFORNIA, USA
Brian
Watson
Internal Revenue Service
55 South Market Street
San Jose [ZIP code exempt]
CALIFORNIA, USA
Executed on September 19, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice