NOTICE OF DEFAULT

BY AFFIDAVIT

 

 

TO:       Mr. Dale A. Drozd

          c/o Clerk of Court

          501 “I” Street, Suite 4-200

          Sacramento 95814-2322

          CALIFORNIA, USA

 

FROM:     Paul Andrew Mitchell, Plaintiff

          Mitchell v. AOL Time Warner, Inc. et al.

          Case No. #CIV S 01-1480 WBS DAD PS

          Ninth Circuit Appeal #02-15269 and

          372(c) Complaint No. #02-89005

 

DATE:     April 8, 2002 A.D.

 

SUBJECT:  NOTICE AND DEMAND FOR EXHIBITION OF CERTIFICATE,

          February 11, 2002 A.D.

 

 

Greetings Mr. Drozd:

 

On February 11, 2002 A.D., I transmitted to you, via first class U.S. Mail, My formal NOTICE AND DEMAND that you deliver to Me a certified copy of the certificate of oath required by Section 6067 of the California Business and Professions Code, and that you do so no later than 5:00 p.m. on Friday, March 1, 2002 A.D.

 

As of that reasonable deadline, I have not received said certified copy, from you or from any one or anything else.

 

Accordingly, you are now in default.

 

 

INCORPORATION OF PERTINENT DOCUMENTS

 

I hereby incorporate by reference true and correct copies of the attached letter dated January 18, 2002, from CARRIE D. QUIRK, and of the attached letter dated January 30, 2002, from Suzanne Little, as if both were set forth fully herein.

 

I also incorporate by reference true and correct copies of My lawful and proper FOIA request, dated January 15, 2002 A.D., and of My lawful and proper FOIA appeal, dated February 4, 2002 A.D., both of which are also attached, as if set forth fully herein.

 

The attached documents constitute material evidence that, as the legal custodian of the requisite presidential commissions, the U.S. Department of Justice does not have in their custody any presidential commission(s) appointing Mr. Dale A. Drozd to the office of U.S. Magistrate Judge.

 

 

CONCLUSIONS

 

Now, I therefore proceed on the basis of the above mentioned evidence that no such presidential commission exists for Mr. Dale A. Drozd, and that Mr. Dale A. Drozd has never possessed a valid license to practice law in the State of California.

 

Accordingly, this evidence also forms the basis of My reasonable and objective conclusion that Mr. Drozd was neither qualified nor lawfully appointed to occupy the office of United States Magistrate Judge, or to preside on the United States District Court for the Eastern District of California, in Sacramento.  See 28 U.S.C. 631(b)(1).

 

 

VERIFICATION

 

The Undersigned hereby verifies, 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:   April 8, 2002 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________

         Paul Andrew Mitchell, Sui Juris

         Author, Damaged Party and Plaintiff

 

 

U.S. Mail:

 

   c/o P.O. Box 370

       Sunset Beach 90742

       CALIFORNIA, USA

 

copy:  State Bar of California

       180 Howard Street

       San Francisco 94105-1639

       CALIFORNIA, USA

 

       State Bar of California

       1149 South Hill Street

       Los Angeles 90015-2299

       CALIFORNIA, USA

 

       Clerk of Court

       Supreme Court of California

       350 McAllister Street

       San Francisco 94102-3600

       CALIFORNIA, USA