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« 2014 BILDERBERG OFFICIAL ATTENDEES LIST RELEASED | Main | NOTICE OF TERMINATION [OF MR. MARK HARDEE] (3/26/14) | Copy sent forth (5/15/14) and into the record (5/19/14) / TRULINCS 44202086 – MODELESKI, MITCHELL PAUL – Unit: SET-D-B [Case # 2:14-CR-00027-NDF-2] »

FIRST SUPPLEMENT TO MOTIONS TO DISMISS, BY AFFIDAVIT | #2:14-CR-00027-NDF-2 (USDC/Cheyenne) | #MJ-14-00030-JPD (USDC/Seattle) / FROM: 44202086 – MODELESKI, MITCHELL PAUL – Unit: SET-D-C

TRULINCS  44202086 – MODELESKI, MITCHELL PAUL* – Unit: SET-D-C

                                                                                            * given name [initialed PM]

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FROM: 44202086

TO: Brown, Thomas; Guenette, Edward; Mullen, Jack; Saccato, Larry

SUBJECT: FIRST SUPPLEMENT TO MOTIONS TO DISMISS, BY AFFIDAVIT

DATE: 05/09/2014 09:21:12 PM

 

TO:

Presiding Judge (duly credentialed)

District Court of the United States (“DCUS”)

2120 Capitol Avenue

Cheyenne 82001

Wyoming, USA

 

DATE: May 10, 2014 A.D.

 

RE:

#2:14-CR-00027-NDF-2  (USDC/Cheyenne)

#MJ-14-00030-JPD       (USDC/Seattle)

 

Greetings Your Honor:

 

The following serious errors have also arisen in the instant cases:

 

(1) no litigation of Defendant’s Cross-Complaints has occurred

e.g. Habeas Corpus Relief, FOIA Enforcement, Civil RICO remedies

at both USDCs (Seattle and Cheyenne), and litigation records have

been concealed from the Defendant, all in violation of the Petition

Clause in the First Amendment and 18 U.S.C. 241, 242, 1513, 1519

(for starters): “The Petition Clause is the Right conservative of

ALL other rights” (see U.S. Supreme Court cases on this point);

 

(2) willful manipulation and violation of the Speedy Trial guarantee:

from 1/28/2014 to 5/10/2014 = 103 days (not 70);

from 1/15/2014 to 5/10/2014 = 116 days (not 70);

adding 10 full days for “transport” is ludicrous;

Seattle-to-Cheyenne takes 1 day by plane, maybe 2 days;

total number of moves to date = 28 TIMES

(see Defendant’s AFFIDAVIT); adding a full 30 days

for a second psychological evaluation was without basis

and without justification:

 

Defendant was provided no motion, no notice of any motion,

no notice of any hearing, and no hearing on any motion

for a second psychological evaluation; said “order”

as signed by Ms. Freudenthal violated 28 U.S.C. 1691 (again);

 

(3) venue was always proper in Seattle; Defendant last stepped

foot in Wyoming during a college ski trip in December 1968;

wrong venue violates FRCrP Rule 18;

 

(4) all Court “process” to date violated 28 U.S.C. 1691;

no credentials were produced for Clerks and Deputy Clerks

of Court at USDC/Cheyenne and USDC/Seattle i.e.

Messrs. McCool, Harris, Fisher, and Ms. Hilliker;

 

(5) Ms. Freudenthal must be recused nunc pro tunc for

obvious bias demonstrated during the hearing on 3/21/2014:

the credential investigation is NOT some king of deranged

 

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TRULINCS  44202086 – MODELESKI, MITCHELL PAUL – Unit: SET-D-C

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“pathological obsession”; Freudenthal even apologized

to Defendant in open court i.e. on the record, and either knew

or should have known better than to insult Defendant;

 

(6) docket updates were apparently served on “stand-by counsel”

Mark Hardee, but Hardee has never legally represented Defendant

and Hardee does not now legally represent Defendant, who

has always appeared under protest In Propria Persona, 28 U.S.C. 1654:

cf. “In Propria Persona” in Black’s Law Dictionary, 6th Edition;

 

Hardee also failed to forward docket updates to Defendant,

or do any of the simple tasks requested by Defendant e.g.

obtain blank subpoenas, obtain Defendant’s USMS file to support

Defendant’s NOTICE OF PUBLIC-AUTHORITY DEFENSE

Under FRCrP Rule 12.3; Hardee also lacks client focus;

 

Hardee’s gross negligence violates the Sixth Amendment

guarantee of effective assistance of Counsel for a Party

appearing personally under 28 U.S.C. 1654 (NOT by counsel);

no REPLY(s) to Defendant’s two (2) MOTIONs TO DISMISS

were ever forwarded to Defendant by Hardee or by anyone else;

see Johnson v. Zerbst (Court is thus OUSTED of jurisdiction);

 

(7) all “diesel/jet fuel therapy” (28 moves to date)

violated the Eighth Amendment prohibiting cruel and

unusual punishment, as did ~15 days in solitary confinement

and several incidents of sleep deprivation, one lasting 72+ hours;

 

lack of OMB control numbers on BOP’s intake forms

did NOT justify any solitary confinement; see Public Protection

Clause in the Paperwork Reduction Act at 44 U.S.C. 3512 in chief

i.e. complete defense, bar or otherwise at any time during

judicial or administrative proceedings;

 

(8) during all hearings, administration of oaths to the

Defendant, and to one IRS “witness,” was not lawful under

28 U.S.C. 953, because courtroom “clerks” have also failed

to produce credentials i.e. SF-61 and second OATH required

by 28 U.S.C. 951; all such oaths have now been rescinded

by Defendant formally in writing,; see Defendant’s NOTICE

OF RESCISSION BY AFFIDAVIT (April 28, 2014);

 

(9) the second psychological evaluation was compelled under duress

after moving Defendant a total of 28 times, but without assistance

of Counsel, without Miranda warnings re: self-incrimination,

without Defendant’s consent to waive Counsel, and without

tape-recording of any interviews;

 

as such, the Fifth and Sixth Amendments were violated;

see case law already provided to Dr. C. Low dba Forensic

Psychologist at FDC SeaTac; Defendant’s age also implies

elder abuse: Defendant will be 66 years old on 6/21/2014;

 

(10) missing Clerk’s credentials mean that Defendant cannot

obtain ANY lawful blank subpoenas under FRCrP Rule 17:

such blank subpoenas would also violate 28 U.S.C. 1691 per force

in any case due to all the missing credentials for Clerk’s Office

personnel;

 

 

 

(11)

 

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TRULINCS  44202086 – MODELESKI, MITCHELL PAUL – Unit: SET-D-C

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(11) Freudenthal practiced law from the bench, e.g. by

attempting to rule on a “motion” from the government but

without notice to Defendant of any such motion and

without notice to Defendant of any hearing on any

such motion either:

 

Hardee has aided and abetted this fraudulent practice

by not forwarding any such motions or notices to the

Defendant, even if they did exist; no PROOFs OF SERVICE

upon Defendant exist, nor any MINUTE ORDER(s) either;

 

no government motions to dismiss Defendant’s

Cross-Petitions were ever served on Defendant e.g.

for Habeas Corpus Relief, FOIA Enforcement and

Civil RICO remedies; and, all of Defendant’s MOTIONs

seeking relief in said Petitions were unopposed but then

were summarily “denied” by Freudenthal on 3/21/2014;

practicing law from the bench is a high misdemeanor

Federal offense;

 

(12) Freudenthal has developed irreparable conflicts

of interest, partially detailed in Defendant’s DEMAND

TO RECUSE Freudenthal: the arrest “warrant” violated

28 U.S.C. 1691, and was properly refused; Freudenthal’s

gross negligence failed to maintain proper supervision

of Clerk’s Office personnel who evidently all lack valid SF-61s

-and- the second OATH required by 28 U.S.C. 951;

 

such negligence affects all prior cases on which Freudenthal

has presided since being appointed on “day one,” and implicates

Freudenthal in multiple ongoing violations of 18 U.S.C. 2 and 3

(aiding and abetting, and accessory after the fact, respectively);

see all of Defendant’s VERIFIED CRIMINAL COMPLAINTs, in chief;

 

Freudenthal evidently did NOT read Defendant’s pleadings which cited

18 U.S.C. 1504 and specifically requested timely INTERLOCUTORY

JUDGMENT on the last paragraph re: proper “request to appear”;

the clarification in the LexisNexis version of the U.S.C.S. controls: the

last paragraph was added to eliminate the possibility that a proper request

to appear [in writing] might be a technical violation of 18 U.S.C. 1504;

 

(13) full credentials for Clerk’s Office personnel and

all “government attorneys” were never produced and

now assume facts not in evidence: see FRCrP Rules 1, 6, 7;

5 U.S.C. 2104, 2903, 2906, 3331, 3332, 3333, 5507; and,

FREV Rule 201(c)(2): mandatory judicial notice

(NOT discretionary judicial notice under 201(c)(1));

 

(14) many of Defendant’s 28 moves left Defendant

totally and deliberately stranded and without any adequate

law library resources e.g. at the Scotts Bluff County

Detention Center in Gering, Nebraska;

 

(15) Defendant’s right of judicial review under 5 U.S.C. 702

was deliberately infringed, chiefly concerning the official written

admissions -- by OPM -and- OMB -- that no OPM Application exists

for periodic review and approval of the electronic SF-61

published at OPM’s internet website; 5 U.S.C. 702 expressly

waives sovereign immunity, to wit:

 

3

 

TRULINCS  44202086 – MODELESKI, MITCHELL PAUL – Unit: SET-D-C

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“The United States may be named as a defendant in such an

action, and a judgment or decree may be entered against

the United States ….”

 

(16) further serious errors were already well documented in

Defendant’s two (2) MOTIONs TO DISMISS.

 

VERIFICATION

 

I, Paul Andrew Mitchell, Citizen of Washington State,

qualified Federal Witness, and Private Attorney General,

hereby verify under penalty of perjury, under the laws of

the United States of America, without the “United States”

(federal government), that the above statement of facts and

laws is true and correct, according to the best of my

current information, knowledge, and belief, so help me God,

pursuant to 28 U.S.C. 1746(1). See Supremacy Clause

(Constitution, Laws and Treaties of the United States

are the supreme Law of the Land).

 

Dated: May 10, 2014 A.D.

 

Signed: [Paul Mitchell (chosen name)]

 

Printed: Paul Andrew Mitchell, B.A., M.S., Relator in Propria Persona (NOT “Pro Se”)

(expressly NOT a “citizen of the United States” aka federal citizen: Pannill v. Roanoke), and

Private Attorney General, 18 U.S.C. 1964, Rotella v. Wood (objectives of Civil RICO)

All Rights Reserved (cf. UCC 1-308)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

___

Related:

Paul Andrew Mitchell released from federal detention by Hon. Nancy Freudenthal?
http://tekgnosis.typepad.com/tekgnosis/2014/05/paul-andrew-mitchell-released-from-federal-detention.html

 

Paul Andrew Mitchell has been bundled away by the US Government 

http://tekgnosis.typepad.com/tekgnosis/2014/02/paul-andrew-mitchell-has-been-bundled-away-by-the-us-government.html

 

"Blowing Whistles at Hurricanes" / FROM: 44202086 – MODELESKI, MITCHELL PAUL* – Unit: SET-D-C

http://tekgnosis.typepad.com/tekgnosis/2014/05/blowing-whistles-at-hurricanes-from-44202086-modeleski-mitchell-paul-unit-set-d-c-given-name-also-a-.html

May 28, 2014 in Current Affairs | Permalink