Dr. Eugene Arthur, Burns, Sui Juris
Citizen of Arizona state
c/o 4500 East Speedway, Suite 27
Tucson, Arizona state, USA
zip code exempt
In Propria Persona
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IN RE GRAND JURY SUBPOENA ) Case No. _______________________
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) U.S.D.C. No. GJ-95-1-6 (JMR)
)
) EMERGENCY MOTION UNDER
) CIRCUIT RULE 27-3
_______________________________)
COMES NOW Dr. Eugene Arthur, Burns, Citizen of Arizona state
(hereinafter "Petitioner") and General Manager of New Life Health
Center Company, an Unincorporated Business Trust domiciled in the
Arizona Republic (hereinafter the "Trust"), to petition this
honorable Court for an emergency stay of execution, pursuant to
Circuit Rule 27-3, of the warrant for His arrest issued from the
bench by United States District Judge John M. Roll during a
hearing on the matter held at 4:30 p.m. on Monday, June 17, 1996,
and for other relief specified infra.
Pursuant to 28 U.S.C. 1746(1), Petitioner hereby certifies,
under penalty of perjury, under the laws of the United States of
America, without the "United States", that irreparable harm will
occur to Petitioner in the event that said warrant for His arrest
is executed, that immediate relief is required on the same day
this Motion is filed, and that true and correct copies of this
Motion have been served on opposing Counsel by means of first
class United States Mail, posted with the United States Postal
Service on June 18, 1996.
Emergency Motion Under Rule 27-3:
Page 1 of 7
SUMMARY OF PERTINENT FACTS
On June 10, 1996, United States District Judge John M. Roll
issued an Order to Petitioner to show cause as to why He should
not be held in contempt for allegedly failing to produce
documents subpoenaed by the Grand Jury. On June 12, 1996, the
Trust filed its MOTION TO CONTINUE ORDER TO SHOW CAUSE HEARING, a
copy of which is attached hereto and incorporated by reference as
if set forth fully herein. This MOTION cited scheduling
conflicts for Petitioner, and for His Counsel of choice, Paul
Andrew, Mitchell, B.S., M.S., as the main reasons why the hearing
should be continued.
On June 12, 1996, the Trust also filed its REQUEST FOR
JUDICIAL NOTICE AND FIRST SUPPLEMENT TO CHALLENGE TO HOLDINGS OF
U.S. SUPREME COURT, a copy of which is attached hereto and
incorporated by reference as if set forth fully herein, to
reinforce its written arguments that the term "United States"
(the federal government) and the term "United States of America"
(the several Union states) have completely different meanings in
law, and that this difference has a crucial bearing on the
standing of the parties and, hence, on the jurisdiction of the
District Court, in the instant case.
On June 14, 1996, the Trust filed its NOTICE OF FREEDOM OF
INFORMATION ACT (FOIA) APPEAL RESPONSE BY IRS DISCLOSURE OFFICER,
NOTICE OF PROBABLE FRAUD, AND MOTION FOR DECLARATORY JUDGMENT, a
copy of which is attached hereto and incorporated by reference as
if set forth fully herein, to request the District Court for a
Declaratory Judgment that the credentials of one "Evangelina A.
Cardenas" now in evidence do not exhibit authority to act as a
"Special Agent" for the "Internal Revenue Service," as alleged on
the original Grand Jury Subpoena, and that her Oath of Office now
in evidence did bind her to support and defend a version of the
U.S. Constitution which was, at the time when Ms. Cardenas
executed said Oath, incorrectly published in federal depository
libraries and in the official law books upon which the District
Court relied for conclusive evidence of the Law, then as now.
Emergency Motion Under Rule 27-3:
Page 2 of 7
On June 14, 1996, the Trust also filed its timely NOTICE AND
DEMAND FOR TRIAL BY JURY OF PEERS OF ALL FACTS AND LAWS AT ISSUE,
a copy of which is attached hereto and incorporated by reference
as if set forth fully herein. Said NOTICE AND DEMAND made a
formal demand upon the District Court for a Jury Trial of Right,
pursuant to Rules 38 and 39 of the Federal Rules of Civil
Procedure and the Seventh Amendment, to try all issues so
triable, including but not limited to the issues itemized in said
NOTICE AND DEMAND (see attached).
Early in the day, on Monday, June 17, 1996, a secretary to
District Judge John M. Roll called the administrative offices of
the Trust and told a Trust Co-worker that the MOTION TO CONTINUE
ORDER TO SHOW CAUSE HEARING had been denied by Judge Roll.
Evidently, Judge Roll regarded said MOTION as having been
properly filed and as having been properly before his Court.
Upon learning of this telephone call denying said MOTION,
Petitioner consulted with his Counsel of choice, Paul Andrew,
Mitchell, B.A., M.S., who is also Vice President for Legal
Affairs of the Trust, and They mutually agreed that it was now
time to appeal the entire matter to the United States Court of
Appeals for the Ninth Circuit. Whereupon, Counsel drafted and
filed a proper NOTICE OF APPEAL, dated June 17, 1996, and time-
stamped 10:34 a.m. A copy of said NOTICE OF APPEAL is attached
hereto and incorporated by reference as if set forth fully
herein.
Emergency Motion Under Rule 27-3:
Page 3 of 7
Petitioner also wishes to incorporate by reference all other
pleadings which have already been submitted in the instant case,
and to certify that He personally authorized all of said
pleadings to be prepared and submitted by His Counsel of choice,
Paul Andrew, Mitchell, B.A., M.S., on behalf of the Trust, of
which He is the General Manager.
Petitioner stands by those pleadings as if He personally
executed them Himself proceeding In Propria Persona and Nunc Pro
Tunc from the time and date of their signing. Those pleadings
which could be swiftly copied and transmitted via fax to the
Clerk of the Ninth Circuit Court of Appeals are attached hereto
and also incorporated by reference as if set forth fully herein.
Counsel has been advised by Mr. Stephen Cassidy that the
rules prohibit the faxing of pleadings in excess of 40 pages.
So, Petitioner has dispatched Counsel to hand-carry the
additional pleadings directly to the Clerk of the Ninth Circuit
with all deliberate speed. Counsel expects to deliver said
additional pleadings by noon on Tuesday, June 18, 1996. He is
booked on America West flight #2604, scheduled to leave Tucson,
Arizona at 6:30 a.m. and to arrive in San Francisco, California,
at 10:39 a.m., at which time he will take the first available bus
to downtown San Francisco, and then take a cab directly to the
Clerk of the Ninth Circuit Court, to serve the remaining
pleadings upon the Clerk in support of this EMERGENCY MOTION.
Emergency Motion Under Rule 27-3:
Page 4 of 7
RELIEF WAS AVAILABLE IN THE DISTRICT COURT
Petitioner submits that He was entitled to a Jury Trial of
Right, pursuant to Rules 38 and 39 of the Federal Rules of Civil
Procedure, but the District Judge chose instead to ignore
Petitioner's previously filed NOTICE AND DEMAND FOR TRIAL BY JURY
OF PEERS OF ALL FACTS AND LAWS AT ISSUE.
Petitioner hereby contends that He has been denied His
fundamental Right to have a jury of His Peers render a verdict as
to whether or not He should be found guilty of contempt of court
in the instant case, and to have a jury of His Peers make other
findings of fact and conclusions of Law which a jury of His Peers
is entitled to do, under the Seventh Amendment.
Furthermore, Petitioner submits that the District Court lost
jurisdiction at the moment a proper NOTICE OF APPEAL was filed
with the Clerk of the District Court (see attached), rendering
the arrest warrant and all other decisions made by Judge Roll on
June 17, 1996, null and void ab initio. This challenge to the
jurisdiction of the District Court is made in addition to the
other stated challenges to the jurisdiction of the District
Court, which are now a matter of record in the instant case and
deserve to be reviewed by means of a proper hearing of all issues
before the Ninth Circuit Court of Appeals.
Emergency Motion Under Rule 27-3:
Page 5 of 7
RELIEF SOUGHT
Petitioner hereby respectfully requests that this honorable
Court:
(1) issue an immediate and indefinite stay of execution upon
the warrant for His arrest which was issued by Judge John M. Roll
from the bench on Monday, June 17, 1996;
(2) vacate the Order striking pleadings filed by Counsel;
(3) order the Appeal to run its normal course, observing all
applicable rules of due process of Law; and
(4) order that all pleadings submitted to date by Counsel
separately, and by Petitioner and Counsel together, be
transmitted to the Clerk of the Ninth Circuit forthwith and
incorporated in the official record of the District Court.
VERIFICATION
I, Dr. Eugene Arthur, Burns, D.C., N.D., Citizen of Arizona
state, hereby certify, 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).
Respectfully submitted in propria persona
on the eighteenth day of the sixth month
of the year one thousand nine hundred ninety-six Anno Domini
/s/ Eugene A. Burns
Dr. Eugene Arthur, Burns, D.C., N.D.
Citizen of Arizona state and
General Manager, New Life Health Center Company,
an Unincorporated Business Trust
domiciled in the Arizona Republic
Emergency Motion Under Rule 27-3:
Page 6 of 7
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and
that I personally served the following document(s):
EMERGENCY MOTION UNDER
CIRCUIT RULE 27-3
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to the
following individuals:
ROBERT L. MISKELL John M. Roll
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO Clerk
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway Downtown Station
Tucson, Arizona Tucson, Arizona
Judge Alex Kozinski Evangelina Cardenas
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California Tucson, Arizona
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. ! 10th and Constitution, N.W. !
Washington, D.C. Washington, D.C.
Dated: June 18, 1996
/s/ Paul Andrew Mitchell
________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Emergency Motion Under Rule 27-3:
Page 7 of 7
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In Re Grand Jury Subpoena