Time: Sun Jun 01 16:04:59 1997
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Date: Sun, 01 Jun 1997 16:02:36 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: FRCP Rule 62(b) motion, U.S.A. v. Knudson
[This text is formatted in Courier 11, non-proportional spacing.]
Vance E. Knudson, Sui Juris
Citizen of Nebraska state
c/o General Delivery
Hastings [zip code exempt]
NEBRASKA STATE
In Propria Persona
All Rights Reserved
without prejudice
UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA [sic], ) Case No. 4:CV96-3275
)
Plaintiff [sic], ) NOTICE OF MOTION AND
) MOTION FOR STAY OF EXECUTION
v. ) AND FOR STAY OF PROCEEDINGS
) TO ENFORCE JUDGMENT:
VANCE E. KNUDSON [sic], )
) FRCP Rules 62(b), 60(b), 38
Defendant [sic]. )
________________________________)
COMES NOW Vance E. Knudson, Sui Juris, Citizen of Nebraska state,
expressly not a citizen of the United States ("federal citizen"),
and Defendant in the above entitled matter (hereinafter
"Defendant"), to move this honorable Court for a stay of
execution and a stay of further proceedings to enforce judgment,
pending disposition of Defendant's MOTION FOR RELIEF FROM
JUDGMENT made pursuant to FRCP Rule 60: Relief from Judgment or
Order. In pertinent part, FRCP Rule 62(b) reads as follows:
(b) Stay on Motion for New Trial or for Judgment.
In its discretion and on such conditions for the security of
the adverse party as are proper, the court may stay the
execution of or any proceedings to enforce a judgment
pending the disposition ... of a motion for relief from
judgment or order made pursuant to Rule 60 ....
[emphasis added]
Motion to Stay Execution and Proceedings to Enforce Judgment:
Page 1 of 4
Defendant hereby respectfully requests mandatory judicial
Notice by this honorable Court, pursuant to Rules 201(d), 301,
and 302 of the Federal Rules of Evidence, of Defendant's MOTION
FOR RELIEF FROM JUDGMENT made pursuant to Rule 60(b), which is
submitted and filed concurrently with the instant motion.
Defendant therein requests relief from final judgment and from
further proceedings to enforce final judgment, for the following
reasons which are elaborated in detail in said MOTION, to wit:
1. newly discovered evidence;
2. fraud, misrepresentation, or other misconduct of an
adverse party;
3. the judgment is void; and,
4. other reasons justifying relief from the operation of
the judgment.
To support Defendant's claim that other reasons justify
relief from the operation of the judgment, Defendant submits that
He was never afforded a lawful verdict by a competent and
qualified federal trial ("petit") jury in the instant case. See
FRCP Rule 38, to wit:
(a) Right Preserved. The right of trial by jury as
declared by the Seventh Amendment to the Constitution or as
given by a statute of the United States shall be preserved
to the parties inviolate.
[emphasis added]
As a Citizen of Nebraska state who is not also a federal citizen,
by Right of Election, Defendant hereby testifies to the fact that
this Court has failed to preserve Defendant's fundamental Right
of trial by jury, as declared by the Seventh Amendment to the
Constitution for the United States of America, as lawfully
amended. As such, Defendant's Right has not been preserved
inviolate, contrary to the stated purpose of FRCP Rule 38.
Motion to Stay Execution and Proceedings to Enforce Judgment:
Page 2 of 4
REMEDY REQUESTED
Wherefore, all premises having been duly considered,
Defendant moves this honorable Court for an immediate stay of
execution and an immediate stay of further proceedings to enforce
judgment, pending final disposition of Defendant's MOTION FOR
RELIEF FROM JUDGMENT filed separately and concurrently with the
instant MOTION.
VERIFICATION
I, Vance E. Knudson, Sui Juris, hereby verify, under penalty of
perjury, under the laws of the United States of America, without
(outside) the "United States", that the above statement of facts
and laws is 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/ Vance E. Knudson
_____________________________________
Vance E. Knudson, Sui Juris
Citizen of Nebraska state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Motion to Stay Execution and Proceedings to Enforce Judgment:
Page 3 of 4
PROOF OF SERVICE
I, Vance E. Knudson, 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 MOTION AND
MOTION FOR STAY OF EXECUTION AND
FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT:
FRCP Rule 62(b)
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:
SALLY R. JOHNSON
Office of U.S. Attorney
487 Federal Building
100 Centennial Mall North
Lincoln [zip code exempt]
NEBRASKA STATE
ROBERT D. METCALFE
Trial Attorney, Tax Division
U.S. Department of Justice
c/o POB 7238, Ben Franklin Station
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Dated: __________________________________
/s/ Vance E. Knudson
__________________________________________
Vance E. Knudson, Sui Juris
Citizen of Nebraska state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication #221 for addressing instructions.]
Motion to Stay Execution and Proceedings to Enforce Judgment:
Page 4 of 4
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