Everett C. Gilbertson, Sui Juris
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

All Rights Reserved
without prejudice






               DISTRICT COURT OF THE UNITED STATES

                 JUDICIAL DISTRICT OF MINNESOTA

                         FOURTH DIVISION


Everett C. Gilbertson,        )  Docket Number:  CR-4-96-65
                              )
          Plaintiff,          )  COMPLAINT FOR DECLARATORY
                              )  AND INJUNCTIVE RELIEF:
     v.                       )  5 U.S.C. 552(a)(4)(B);
                              )  28 U.S.C. 455, 1361, 1746(1);
United States,                )  First Amendment,
James M. Rosenbaum,           )  petition clause;
and Does 2-99                 )  Fifth Amendment,
          Respondents.        )  due process clause;
______________________________)  DEMAND FOR IMMEDIATE RECUSAL


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state,  expressly  not  a  citizen  of  the  United  States,  and

Plaintiff in the above entitled matter (hereinafter "Plaintiff"),

to petition  this honorable  District Court  of the United States

(hereinafter  "DCUS")  for  certain  declaratory  and  injunctive

relief, specifically  to order  Respondents  to  produce  certain

documents for  inspection, certification,  and copying;   and  to

provide Notice of same to all interested party(s).

     1.   This is  an action  which arises  under a  law  of  the

United  States,  the  Freedom  of  Information  Act  (hereinafter

"FOIA"), and  all lawful  regulations which have been promulgated

thereunder.   See Supremacy  Clause;    5  U.S.C.  552  et  seq.;


  Complaint for Declaratory and Injunctive Relief:  Page 1 of 5


Universal  Declaration   of  Human  Rights;    and  International

Covenant on Civil and Political Rights.

     2.   This DCUS  has original  jurisdiction over this action,

pursuant to  5 U.S.C.  552(a)(4)(B);   28 U.S.C.  1361 (Action to

compel an  officer of  the United  States to  perform his  duty);

First Amendment  petition clause  and Fifth Amendment due process

clause in  the Constitution  for the United States of America, as

lawfully amended (hereinafter "U.S. Constitution").

     3.   Plaintiff is  a Citizen  of  Minnesota  state,  who  is

expressly  not  a  citizen  of  the  United  States  (hereinafter

"federal citizen").  See Gardina v. Board of Registrars, 160 Ala.

155, 48 S. 788, 791 (1909).

     4.   Respondents  presently   embrace  the   United   States

(federal government),  domiciled in  the District of Columbia and

acting in  its municipal  capacity under  Article IV  of the U.S.

Constitution, and  an alleged  employee of the judicial branch of

the United  States, who  now claims  to be the presiding judge in

criminal action  against Plaintiff  in the United States District

Court  (hereinafter   "USDC"),  District   of  Minnesota,  Fourth

Division (hereinafter "Criminal Case").

     5.   Plaintiff requested  access to  certain document(s)  by

submission of  a proper and timely FOIA request for the requisite

credentials of  Respondent James M. Rosenbaum, which FOIA request

has already been filed in the instant case, and is now identified

as Plaintiff's Exhibit "A" in the instant action.

     6.   Respondents have  failed  to  produce  the  document(s)

requested  within   the  time  limits  prescribed  by  the  FOIA,

specifically 5 U.S.C. 552(a)(6)(1), in whole or in part.


  Complaint for Declaratory and Injunctive Relief:  Page 2 of 5


     7.   Plaintiff has now exhausted his administrative remedies

and is  entitled, pursuant  to  law,  to  inspect  and  copy  the

requested documents,  and/or to  receive certified  copies of the

requested documents  via first class United States Mail, so as to

render said documents admissible in the instant case.

     8.   Plaintiff is  entitled by law to receive all applicable

legal fees and costs, and also sanctions against Respondents.

     9.   Plaintiff  hereby  demands  the  immediate  recusal  of

Respondent James  M. Rosenbaum  from the  Criminal Case,  due  to

adverse and  pecuniary interests,  pursuant  to  28  U.S.C.  455:

Disqualification of justice, judge, or magistrate.


                        REMEDY REQUESTED

     Wherefore, all  premises having  been considered,  Plaintiff

respectfully requests that this honorable DCUS:

     (1)  order Respondents  to produce the requested document(s)

to Plaintiff for copying and inspection;

     (2)  enjoin  Respondents  from  improperly  withholding  the

requested document(s);

     (3)  award Plaintiff  His costs  and disbursements  in  this

action, as provided by 5 U.S.C. 552(a)(4)(E);

     (4)  provide for  expedition  of  the  proceedings  on  this

complaint, as provided by 5 U.S.C. 552(a)(4)(C) and (D);

     (5)  order the  immediate recusal of James M. Rosenbaum from

the Criminal  Case cited  supra, in  the event that Mr. Rosenbaum

has not voluntarily done so;  and,

     (6)  grant such  other and  further relief as this Court may

deem just and proper.


  Complaint for Declaratory and Injunctive Relief:  Page 3 of 5


                          VERIFICATION

     I, Everett  C. Gilbertson,  Sui Juris,  hereby verify, under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without  the "United  States", that the above statements

of fact  are  true  and  correct,  to  the  best  of  My  current

information, knowledge,  and belief,  so help Me God, pursuant to

28 U.S.C. 1746(1).

Dated: ______________________________

Respectfully submitted,

/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice


  Complaint for Declaratory and Injunctive Relief:  Page 4 of 5


                        PROOF OF SERVICE

I, Everett  C.  Gilbertson,  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):

        COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF:
                     5 U.S.C. 552(a)(4)(B);
                  28 U.S.C. 455, 1361, 1746(1);
                First Amendment petition clause;
               Fifth Amendment due process clause;
                  DEMAND FOR IMMEDIATE RECUSAL

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:

Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE


Dated:  __________________________________

/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice


  Complaint for Declaratory and Injunctive Relief:  Page 5 of 5


                             #  #  #



Return to the Table of Contents for
U.S.A. vs. Gilbertson