MEMO
TO: Richard McDonald
FROM: Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
DATE: April 13, 1997
SUBJECT: Removal by Plaintiffs in People v. United States et al.
28 U.S.C. 1441. Actions removable generally
(b) Any civil action of which the district courts have
original jurisdiction founded on a claim or right arising
under the Constitution, treaties or laws of the United
States shall be removable without regard to the citizenship
or residence of the parties.
...
(e) The court to which such civil action is removed is not
precluded from hearing and determining any claim in such
civil action because the State court from which such civil
action is removed did not have jurisdiction over that claim.
We have beat Judge Shanstrom on this point. Specifically, the
Plaintiffs claim a right which arises under the Freedom of
Information Act, and the state court has no jurisdiction
whatsoever over such a claim.
We will petition the Ninth Circuit for leave to appeal
interlocutory order on this point, but only after we have
requested a Finding of Facts and Conclusions of Law, in order to
perfect the case file on appeal.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell Avenue, #1776
Tucson, Arizona state
Postal Zone 85719/tdc
email: supremelawfirm@altavista.net
website: http://supremelaw.com
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People v. United States et al.