Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state, USA zip code exempt (formerly DMM 122.32) Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR) SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) REQUEST FOR JUDICIAL NOTICE ) AND FIRST SUPPLEMENT TO ) CHALLENGE TO HOLDINGS OF ) U.S. SUPREME COURT _______________________________) COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona Citizen (hereinafter "Counsel") and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Company"), to file this supplement to the Company's NOTICE OF MOTION AND MOTION FOR CONTINUANCE AND RECONSIDERATION, AND CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT previously filed in the instant case and respectfully to request that his honorable Court take formal Judicial Notice of the case of Smith v. United States, 22 Fed.Case 694, 695 (1812), a copy of which is attached for the convenience of the Court. Specifically, the Smith case contains the following crucial paragraphs, which are pertinent to the Company's argument in the above mentioned CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT: Request for Judicial Notice and Supplement to S.Ct. Challenge: Page 1 of 3 6th. That the original writ was sued out in the name of the United States of America, but the verdict was returned, and judgment rendered for the United States, and not for the United States of America. ... The action is brought in the name of the "United States of America." The verdict and judgment are for the "United States," not "the said United States." The court cannot judicially know that the "United States," and the "United States of America" are one and the same. (But on this error Mr. Prescott did not rely.) ... The fourth and sixth errors have been disposed of in the case of Sears v. U.S. [Case No. 12,592] [Smith v. United States, 22 Fed.Case page 694] [emphasis added] Because of His heavy workload during the past several weeks, Counsel has not yet had an opportunity to locate and review the dispositive case to which Smith refers, i.e. Sears v. U.S., Case No. 12,592. Counsel argues that such cases have been superseded by the holding in Downes v. Bidwell, 182 U.S. 244 (1901). Respectfully submitted on June 12, 1996 /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness all rights reserved without prejudice # # # Request for Judicial Notice and Supplement to S.Ct. Challenge: Page 2 of 3 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and that I personally served the following document(s): REQUEST FOR JUDICIAL NOTICE AND FIRST SUPPLEMENT TO CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL John M. Roll Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona JANET NAPOLITANO Clerk Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona Tucson, Arizona Judge Alex Kozinski Evangelina Cardenas Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California Tucson, Arizona Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. ! 10th and Constitution, N.W. ! Washington, D.C. Washington, D.C. Dated: June 12, 1996 /s/ Paul Mitchell ________________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness all rights reserved without prejudice Request for Judicial Notice and Supplement to S.Ct. Challenge: Page 3 of 3 # # #
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IN RE GRAND JURY SUBPOENA SERVED ON NEW LIFE HEALTH CENTER COMPANY