Sheila Terese, Wallen, Sui Juris
c/o General Delivery
Arivaca [zip code exempt]
ARIZONA STATE

In Propria Persona

All Rights Reserved Without Prejudice







               DISTRICT COURT OF THE UNITED STATES

                  JUDICIAL DISTRICT OF ARIZONA


Sheila Terese, Wallen,          )    Case No. 95-484-TUC
                                )
     Plaintiff,                 )    NOTICE OF REFUSAL FOR CAUSE:
                                )  
     v.                         )    FRCP Rules 9(a); 9(b);
                                )    12(b)(1),(2),(4),(5)
United States,                  )
and Does 1-99,                  )
                                )
     Defendants.                )
________________________________)


COMES NOW  Sheila Terese,  Wallen, Sui  Juris, Citizen of Arizona

state and  Plaintiff in  the above  entitled matter  (hereinafter

"Plaintiff"), to  provide formal Notice to all interested parties

that She has refused William D. Browning's ORDER dated August 15,

1996, for the following causes (refused copy attached).

     Her previous  NOTICE OF  REMOVAL AND  PETITION FOR  ORDER TO

SHOW CAUSE  [cites  omitted]  JURY  TRIAL  DEMANDED  (hereinafter

"NOTICE OF  REMOVAL") was  filed with  the Clerk of the "DISTRICT

COURT OF  THE UNITED  STATES", not  with the  "CLERK U S DISTRICT

COURT", as shown by the Clerk's file stamp dated "AUG 13 1996" on

said NOTICE  OF REMOVAL  (see copy attached).  The Clerk of Court

erred by  stamping Plaintiff's  NOTICE OF REMOVAL in this manner.

See FRCP Rule 9(b).


            Notice of Refusal for Cause:  Page 1 of 6


     Furthermore, Mr.  Browning is  not presiding over the action

now proceeding  in  the  District  Court  of  the  United  States

("DCUS"), nor  has Mr.  Browning demonstrated  that  he  has  any

jurisdiction in  said DCUS  over the  subject matter, or over the

Person of  the Plaintiff, in the above entitled action.  See FRCP

Rules  12(b)(1),(2),(4),  and  (5).    Accordingly,  without  the

requisite jurisdiction  having been  demonstrated as  a matter of

record, he has no authority to deny any of Plaintiff's pleadings,

motions, or  demands as  filed in the DCUS or in the USDC, except

to dismiss  the alleged criminal action for want of jurisdiction,

as required by Law.

     Mr. Browning,  as an Article IV judge, is a "taxpayer" whose

compensation is diminished during his continuance in office.  See

Internal Revenue  Code, Section  7701(a).   As such, Mr. Browning

cannot preside  over any  proceeding in  a District  Court of the

United States  ("DCUS"), because  to do  so violates Article III,

Section 1,  of the Constitution for the United States of America,

as lawfully amended (hereinafter "U.S. Constitution"), to wit:
     
     The Judges  ... shall  ... receive  for  their  Services,  a
     Compensation, which  shall not  be diminished  during  their
     Continuance in Office.

            [Art. III, Sec. 1, U.S. Constitution, emphasis added]

     The United  States has never demonstrated jurisdiction, as a

matter  of  record,  to  bring  any  criminal  case  against  the

Plaintiff in  the United  States District Court ("USDC").  On the

contrary, Plaintiff's  NOTICE AND  DEMAND TO  DISMISS FOR LACK OF

CRIMINAL JURISDICTION  (hereinafter "NOTICE  AND DEMAND") and Her

MEMORANDUM  OF   LAW  IN   SUPPORT  OF   CHALLENGE  TO   CRIMINAL

JURISDICTION OF  THIS COURT  (hereinafter "MEMORANDUM  OF  LAW"),


            Notice of Refusal for Cause:  Page 2 of 6


i.e. the  USDC, plainly  prove that  the USDC,  as  distinct  and

different from  the DCUS, has no criminal jurisdiction whatsoever

to prosecute  Plaintiff, unless  the alleged  crime was committed

within the  federal zone.   See  cites in  Plaintiff's NOTICE AND

DEMAND and MEMORANDUM OF LAW.

     Mr. Browning  also claims  to have "denied" two (2) separate

NOTICE's  AND  DEMAND's  FOR  MANDATORY  JUDICIAL  NOTICE,  filed

pursuant to Federal Rules of Evidence, Rule 201(d), to wit:

     (d)  When mandatory.   A court shall take judicial notice if
     requested  by  a  party  and  supplied  with  the  necessary
     information.
                         [Federal Rules of Evidence, Rule 201(d)]
                                                 [emphasis added]

Said Rule  leaves no  room for  any judicial  discretion  in  the

matter of  the evidence  submitted thereby.   The language of the

terms "when  mandatory" and  "a court shall take judicial notice"

is indicative  of their  imperative meaning.  Mr. Browning has no

authority whatsoever  to "deny"  mandatory judicial  notice  when

invoked pursuant to Rule 201(d) of the Federal Rules of Evidence.

     Furthermore, as  a matter  of evidence, Plaintiff enjoys the

fundamental Right to incorporate by reference all prior pleadings

filed or  lodged in  the USDC,  no matter  who filed  them, as if

those pleadings  were set  forth fully  in Her NOTICE OF REMOVAL.

Plaintiff argues  that, for  Mr. Browning  to deny this essential

evidentiary material  in the above entitled action is to obstruct

justice, in violation of Title 18 U.S.C. Section 1506 , to wit:

     1506.  Theft or alteration of record or process;  false bail

     Whoever feloniously  steals, takes  away, alters, falsifies,
     or otherwise  avoids any  record, writ,  process,  or  other
     proceeding, in  any court  of the United States, whereby any
     judgment is  reversed, made  void, or  does not take effect;
     ...
                    [continued on next page]


            Notice of Refusal for Cause:  Page 3 of 6


     Shall be  fined not  more than $5,000 or imprisoned not more
     than five years, or both.
                                                 [18 U.S.C. 1506]

     Moreover, the  alleged United States Attorneys who attempted

to bring  a criminal  action against  Plaintiff in  the USDC have

failed  to  demonstrate  on  record  any  power  of  attorney  to

represent the UNITED STATES OF AMERICA [sic] in said action;  the

UNITED STATES  OF AMERICA  have not  been shown on record to have

any standing to bring a criminal action before the USDC;  and the

USDC has  not been shown to have any criminal jurisdiction over a

crime alleged  to have  been committed inside the state zone (the

Arizona Republic) and outside the federal zone.

     Lastly, Mr.  Browning's ORDER  was  improperly  served  upon

Plaintiff via United States Mail, because it was addressed to:

                   Sheila Terese Wallen [sic]
                        PO Box 335 [sic]
                     Arivaca, AZ 85601 [sic]

Plaintiff has previously notified all interested parties that She

will refuse  all mail  unless  it  is  directed  to  the  mailing

location as  shown on  the face page of this pleading.  Plaintiff

hereby reiterates  Her intent  to  refuse  all  U.S.  Mail  which

exhibits "AZ" or unqualified zip codes and which fails to exhibit

her proper  mailing location as shown supra, and of Her intent to

receive (but  not necessarily  accept) all  U.S.  Mail  which  is

directed to Her proper mailing location.

     Notice to agents is notice to principals.

     Notice to principals is notice to agents.


                 [Please see next page et seq.]


            Notice of Refusal for Cause:  Page 4 of 6


                             SUMMARY

     Wherefore, Plaintiff refuses Mr. William D. Browning's ORDER

dated August 15, 1996, for all the reasons stated above.


Executed on August 20,1996


/s/ Sheila Wallen

Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state


/s/ Paul Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness
Counselor at Law, and Counsel of Record


            Notice of Refusal for Cause:  Page 5 of 6


                        PROOF OF SERVICE

I, Sheila  Terese,  Wallen,  Sui  Juris,  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,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

                  NOTICE OF REFUSAL FOR CAUSE:
          FRCP Rules 9(a);  9(b);  12(b)(1),(2),(4),(5)

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:

Office of the United States Attorney
110 South Church Avenue, Suite 8310
Tucson [zip code exempt]
ARIZONA STATE

William D. Browning, Doe No. 1
44 East Broadway
Tucson [zip code exempt]
ARIZONA STATE

Attorney General
Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA


Executed on August 20, 1996


/s/ Sheila Wallen
__________________________________________
Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state
all rights reserved without prejudice


            Notice of Refusal for Cause:  Page 6 of 6


                             #  #  #


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U.S.A. v. Wallen