3 COMPLAINT OF JUDICIAL MISCONDUCT AND DISABILITY 4 5 6 MAIL THIS FORM TO THE CLERK, UNITED STATES COURT OF APPEALS, P.O. BOX 7 193939, SAN FRANCISCO, CALIFORNIA 94119-3939/tdc. MARK THE ENVELOPE 8 "JUDICIAL MISCONDUCT COMPLAINT" OR "JUDICIAL DISABILITY COMPLAINT". 9 DO NOT PUT THE NAME OF THE JUDGE OR MAGISTRATE ON THE ENVELOPE. 10 11 12 SEE RULE 2(e) FOR THE NUMBER OF COPIES REQUIRED FOR FILING. 13 14 15 16 1. Complainant's name: Paul Andrew Mitchell, B.A., M.S. 17 18 Address: c/o MBE PMB #332 19 501 West Broadway, Suite A 20 San Diego 92101 21 CALIFORNIA, USA 22 23 Daytime telephone: (619) 234-5252 24 25 26 2. Judge or magistrate complained about: 27 28 Name: William B. Shubb 29 30 Court: United States District Court 31 Sacramento, California 32 33 34 3. Does this complaint concern the behavior of the judge or 35 magistrate in a particular lawsuit or lawsuits? 36 37 ( X ) Yes ( ) No 38 39 If "yes" give the following information about each lawsuit 40 (use the reverse side if there is more than one): 41 42 Court: District Court of the United States 43 44 Docket Number: CIV. S-01-1480 WBS DAD PS 45 46 Are (were) you a party or lawyer in the lawsuit? 47 48 ( X ) Party ( ) Counsel ( ) Neither 49 50 If party, give the name, address, and telephone number of your 51 Counsel: 52 53 Self In Propria Persona
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1 Docket numbers of any appeals to the Ninth Circuit: 2 3 Ninth Circuit appeal #02-15269 4 5 6 4. Have you filed any lawsuits against the judge or magistrate? 7 8 ( X ) Yes ( ) No 9 10 If yes, give the following information about each lawsuit 11 (use the reverse side if there is more than one): 12 13 Court: Ninth Circuit Court of Appeals 14 San Francisco, California 15 16 APPLICATION FOR WRIT IN THE NATURE OF QUO 17 WARRANTO 18 filed in appeal #02-15269 19 20 Present status of suit: 21 22 served via Priority U.S. Mail on Dec. 19, 2002 23 A.D. 24 25 Name, address, and telephone number of your Counsel: 26 27 n/a 28 29 Court to which any appeal has been taken: 30 31 (see above) 32 33 Docket number of appeal: 34 35 (see above) 36 37 Present status of appeal: 38 39 PETITION FOR REHEARING EN BANC served on Dec. 17, 40 2002 A.D. 41 42 43 (X) On separate sheets of paper, no larger than the paper this 44 form is printed on, describe the conduct or the evidence of 45 disability that is the subject of this complaint. See rule 46 2(b) and 2(d). Do not use more than 5 pages (5 sides). 47 Most complaints do not require that much. 48 49 See attached 50 (incorporated by reference as if set forth fully)
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1 (X) You should either: 2 3 ( ) check the first box below and sign this form in the 4 presence of a notary public; or 5 6 (X) check the second box and sign the form. 7 You do not need a notary public if you check the 8 second box. 9 10 ( ) I swear (affirm) that -- 11 12 (X) I declare under penalty of perjury -- 13 14 I have read rules 1 and 2 of the Rules of the Judicial 15 Council of the Ninth Circuit Governing Complaints of 16 Judicial Misconduct or Disability, and the statement made in 17 this complaint is true and correct to the best of My 18 knowledge. 19 20 21 22 23 /s/ Paul Andrew Mitchell 24 ______________________________________________ 25 Paul Andrew Mitchell, B.A., M.S. 26 Author, Damaged Party and Plaintiff/Appellant, 27 Mitchell v. AOL Time Warner, Inc. et al. 28 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 29 Ninth Circuit appeal #02-15269 30 31 All Rights Reserved without Prejudice 32 33 34 Executed on: December 23, 2002 A.D.
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1 CAUSES FOR COMPLAINT OF JUDICIAL MISCONDUCT AGAINST 2 MR. WILLIAM B. SHUBB, USDC, SACRAMENTO, CALIFORNIA 3 4 5 On January 15, 2002 A.D., Appellant Paul Andrew Mitchell 6 submitted a proper and lawful request under the Freedom of Information 7 Act (FOIA) requesting the U.S. Department of Justice (DOJ) to 8 produce a certified copy of the Presidential Commission appointing 9 William B. Shubb to the office of federal judge. 10 See the Appointments Clause at Article II, Section 2, Clause 2, 11 in the Constitution for the United States of America, as lawfully 12 amended (2:2:2). 13 See Attachment A for a copy of said FOIA request. 14 By law, the DOJ is the legal custodian of this required 15 commission. See 5 U.S.C. 2104 and 2902. 16 DOJ failed to produce any Presidential Commission(s) for Mr. 17 Shubb. 18 There are no other offices in any other branches of the federal 19 government that are the legal custodians of federal judges 20 Presidential Commissions. 21 On February 4, 2002 A.D., Appellant followed with a proper and 22 lawful FOIA appeal for said Presidential Commission. 23 See Attachment B. 24 On April 9, 2002 A.D., Appellant mailed a NOTICE AND DEMAND FOR 25 EXHIBITION OF PRESIDENTIAL COMMISSIONS to the federal government 26 agencies having authority in the matter of federal judges 27 credentials. 28 See Attachment C. 29 Appellate later received a form letter from James S. Carroll, 30 III, Assistant Director of the Executive Office for United States 31 Attorneys, Freedom of Information/Privacy Act Unit, U.S. Department of 32 Justice, in Washington, D.C., dated April 24, 2002 A.D. 33 See Attachment D. 34 In this form letter, Mr. Carroll checked box #3 which states, 35 Your request seeks public records which may be obtained from the 36 clerk of the court. 37 Mr. Carroll also checked box #8 which states, This is the final 38 action my office will take on your request. 39 Appellant later refused Mr. Carrolls form letter by annotating 40 it as follows: REFUSED FOR CAUSE: Clerk of Court is not [the] legal 41 custodian of record, by law. /s/ Paul Mitchell, Private Attorney 42 General, All Rights Reserved. 43 See Attachment E. 44 On June 11, 2002 A.D., Appellant executed and mailed to Mr. 45 William B. Shubb, c/o Clerk of Court, 501 I Street, Suite 4-200, 46 Sacramento 95814-2322, CALIFORNIA, USA, a FINAL NOTICE AND DEMAND FOR 47 CREDENTIALS REQUIRED BY LAW. 48 See Attachment F. 49 On October 6, 2002 A.D., Appellant executed and mailed to Mr. 50 William B. Shubb, c/o Clerk of Court, 501 I Street, Suite 4-200, 51 Sacramento 95814-2322, CALIFORNIA, USA, a NOTICE OF DEFAULT BY 52 AFFIDAVIT. 53 See Attachment G.
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1 Finally, on October 10, 2002 A.D., Appellant executed and mailed 2 a PROOF OF SERVICE to all interested parties in the case of Mitchell 3 v. AOL Time Warner, Inc. et al., Ninth Circuit appeal #02-15269. 4 See Attachment H. 5 The documents itemized above constitute probable cause for 6 Appellant to conclude that no Presidential Commission exists 7 appointing Mr. William B. Shubb to the office of federal judge. 8 Appellant also concludes that no Presidential Commission ever 9 existed appointing Mr. William B. Shubb to preside on the Article III 10 District Court of the United States for the Eastern Judicial District 11 of California, in Sacramento, California (DCUS). 12 Moreover, impersonating an Article III federal judge is a felony 13 federal offense, in violation of 18 U.S.C. 912. 14 The federal criminal statute at 18 U.S.C. 4 requires Appellant to 15 report felony federal offenses to a judge of the United States. 16 Appellant believes that the instant COMPLAINT filed against Mr. 17 William B. Shubb satisfies Appellants legal obligation under the 18 federal criminal statute at 18 U.S.C. 4. 19 Appellant hereby incorporates Attachments A thru H inclusive, 20 by reference, as if set forth fully here. 21 22 23 VERIFICATION 24 25 I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of 26 perjury, under the laws of the United States of America, without the 27 United States (federal government), that the above statement of 28 facts and laws is true and correct, according to the best of My 29 current information, knowledge, and belief, so help me God, pursuant 30 to 28 U.S.C. 1746(1). 31 32 33 Dated: December 23, 2002 A.D. 34 35 36 37 Signed: /s/ Paul Andrew Mitchell 38 ______________________________________________ 39 Paul Andrew Mitchell, B.A., M.S. 40 Author, Damaged Party and Plaintiff/Appellant, 41 Mitchell v. AOL Time Warner, Inc. et al. 42 DCUS Sacramento #CIV. S-01-1480 WBS DAD PS 43 Ninth Circuit appeal #02-15269
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1 2 3 4 5 6 7 8 9 10 11 Attachment A: 12 13 FOIA Request for Presidential Commission 14 Appointing Mr. William B. Shubb 15 to the Office of Federal Judge 16 17 Dated: January 15, 2002 A.D. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54
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