MEMO TO: Rita J. Sedosky "Deputy Clerk" United States District Court Post Office Box 471 Wheeling, West Virginia state FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: December 7, 1996 SUBJECT: Your Letter Dated December 2, 1996 This is to inform you that I have invoked the Freedom of Information Act ("FOIA") to request certified documentary evidence of your official credentials. Until such time as I receive confirmation from reliable sources that you do lawfully occupy the office which you claim to hold, I will table your letter to me of December 2, 1996. A copy of My FOIA request for your credentials has been mailed to you under separate cover. There is one pressing issue which requires My immediate response, however. You have allegedly invoiced Me for photocopying 328 pages @ $0.50 per page, for a TOTAL DUE of $164.00. I hereby refuse your invoice, dated December 2, 1996, for two reasons: One, I did not order this photocopying, and there is no purchase order on record to evidence any authorization by Me to perform such photocopying services, or to invoice Me for same. Two, for your information, the pleadings to which you refer were reproduced in triplicate by Me. One set was mailed directly to your office (see Proof of Service). The second set was mailed, via Express U.S. Mail, directly to Major General Ray Looker at the Northern Regional Jail in Moundsville, West Virginia state, for His signature and subsequent filing with your office. The third set was mailed, via Express U.S. Mail, to Mr. Looker's court-appointed attorney, Mr. Stephen D. Herndon, at 76 Fifteenth Street, Wheeling, West Virginia state. Mr. Herndon acknowledged receipt of this third set on Saturday, November 30, 1996; this corresponds to the information on the PS Form 3811, Return Receipt, which I received from Mr. Herndon via the U.S. Postal Service. We have taken the liberty of modifying this Form 3811 to read "NON Domestic" [sic]. However, Mr. Herndon then refused to follow Mr. Looker's explicit instructions to deliver this third set to Mr. Looker at the Northern Regional Jail, and then to file the papers with your office after Mr. Looker had signed and dated them. I have attached a copy of Mr. Herndon's letter to Me, dated December 1, 1996. See, in particular, the last paragraph on the first page: "Accordingly, I decline to follow your instructions to file the pleadings prepared and signed by you." [sic] Thus, the evidence now in my possession proves that three (3) sets of pleadings were, in fact, mailed via Express Mail, but Mr. Herndon refused to deliver the third set of pleadings to their intended destination. I cannot take any responsibility for unprofessional, unethical, and criminal conduct on the part of Mr. Looker's court-appointed attorney. Confer at "attorn" in Black's Law Dictionary. Please contact Mr. Herndon to inquire as to the whereabouts of this third set. I understand that he is presently an officer of your Court. By Law, these pleadings are Petitions to Government for Redress of Grievances; as such, they are protected by the Petition Clause in the First Amendment. The U.S. Supreme Court has ruled that the Petition Clause is the Right conservative of all other rights. See Chambers v Baltimore & Ohio R.R., 207 US 142, 148 (1907). This raises the possibility that Mr. Herndon may be committing acts which deprive Mr. Looker of fundamental Rights guaranteed by the Constitution for the United States of America, in violation of 18 U.S.C. 242, which Constitution you must take an oath to support, pursuant to Article VI, Clause 3, in the U.S. Constitution. It is for this reason that I am required to demand that you produce evidence of your oath to support the U.S. Constitution. Please see the deadlines for exhaustion of administrative remedies, as detailed in Title 5, United States Code, Sections 552 et seq. Title 5 U.S.C. has been enacted into positive law. Thank you very much for your consideration. Sincerely yours, /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: supremelaw@ibm.net (586/Eudora Pro 3.0.3(16): preferred, to conserve all resources) tel: (520) 320-1514 (private line: please request permission to share) fax: (520) 320-1256 (24-hour thermal paper) website: http://www.supremelaw.com copies: Hon. Frederick P. Stamp, Jr. Hon. James E. Seibert Maj. Gen. Floyd Raymond, Looker # # #
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U.S.A. v. Looker