Floyd Raymond, Looker, Sui Juris c/o HC 63, Box 12-AA Nettie [zip code exempt] WEST VIRGINIA In Propria Persona Under Protest, Necessity, and by Special Visitation Only UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA UNITED STATES OF AMERICA, [sic] ) Criminal Nos. 5:96-CR-40 ) 1:96-CR-41 Plaintiff, [sic] ) 1:96-CR-42 ) 1:96-CR-43 v. ) ) NOTICE AND DEMAND FOR FLOYD RAYMOND LOOKER, [sic] ) MANDATORY JUDICIAL NOTICE: et al., ) Rule 201(d), Federal Rules ) of Evidence; 5 U.S.C. 3331; Defendants. [sic] ) 28 U.S.C. 1746(1); 44 U.S.C. _________________________________) 3501 COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West Virginia state and Defendant in the above entitled matter (hereinafter "Defendant"), to provide formal Notice to all interested parties of His Demand, made hereby pursuant to Rule 201(d) of the Federal Rules of Evidence, for mandatory judicial notice of the attached APPOINTMENT AFFIDAVIT, signed and dated by Mr. Warren Christopher, United States Secretary of State, and provided in response to a proper request, submitted under the Freedom of Information Act ("FOIA") by His Counsel of choice, Mr. Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, and Counselor at Law. Notice and Demand for Mandatory Judicial Notice: Page 1 of 5 The APPOINTMENT AFFIDAVIT is Standard Form 61, Revised June 1986, U.S. Office of Personnel Management, FPM Chapter 296, 61- 108, NSN 7540-00-634-4015, U.S.G.P.O. 1987-173-831/59539, Prior Edition Usable. This latter nomenclature -- "Prior Edition Usable" -- raises a matter which is governed by the Paperwork Reduction Act (hereinafter "PRA"), 44 U.S.C. 3501 et seq. Since an APPOINTMENT AFFIDAVIT is an Information Collection Request ("ICR"), as defined in said Act, it is required to exhibit a valid Office of Management and Budget ("OMB") Control Number and expiration date in the upper right-hand corner of the face page (hereinafter "Control Number"). If the Control Number is absent from the face page, all Americans have been enlisted by the Congress to disregard the Form as a "bootleg request." Formal demand is also made of this honorable Court to take formal judicial notice of the fact that previous editions of the APPOINTMENT AFFIDAVIT exhibited OMB Approval Number #50-R0118. This edition bore the nomenclature "Standard Form 61, Revised September 1970, U.S. Civil Service Commission, F.P.M. Chapter 295, 61-107" [sic]. Defendant hereby expressly reserves His right to challenge the APPOINTMENT AFFIDAVIT of the Hon. Warren Christopher, Secretary of State, for being a bootleg request, as that term was defined and used in the legislative history of the PRA. Defendant also makes a formal demand upon this honorable Court to take mandatory judicial notice, pursuant to Rule 201(d) of the Federal Rules of Evidence, of the following paragraph showing on the APPOINTMENT AFFIDAVIT of Mr. Warren Christopher, to wit: Notice and Demand for Mandatory Judicial Notice: Page 2 of 5 A. Oath of Office I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. Defendant has already made a formal demand of this honorable Court to take mandatory judicial notice of several, discrepant editions of the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"), which editions were attached as verified exhibits to Defendant's prior pleading to that end. Defendant concludes therefrom that all Appointment Affidavits of United States officers, employees, and agents associated with the instant case, as required by 5 U.S.C. 3331, contain an Oath of Office which did bind them to support and defend a version of the U.S. Constitution which was, at the time when they executed said Oath, incorrectly published in federal depository libraries and in the official law books upon which this honorable Court relies for conclusive evidence of the Law, then as now. This conclusion is applicable to the presiding judge(s) in the instant case, including also any and all magistrate judge(s) who may preside, for whatever reason, and all other officers, employees, and agents of the United States, in whatever capacity they might act. The APPOINTMENT AFFIDAVIT of the Hon. Warren Christopher is attached hereto and incorporated by reference, as if set forth fully herein. Also attached are two letters from Ms. Rosemary Melendy, State Department officer, to Paul A. Mitchell, and a Memo from Mr. Mitchell to Ms. Melendy, dated December 18, 1996. Notice and Demand for Mandatory Judicial Notice: Page 3 of 5 VERIFICATION We, the Undersigned, 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 Our current information, knowledge, and belief, so help Us God, pursuant to 28 U.S.C. 1746(1). Executed on _____________________________________ /s/ Ray Looker Floyd Raymond, Looker, Sui Juris Citizen of West Virginia state Executed on December 19, 1996 /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S., Sui Juris Citizen of Arizona state, federal witness, and Counselor at Law Notice and Demand for Mandatory Judicial Notice: Page 4 of 5 PROOF OF SERVICE I, Paul Andrew, Mitchell, 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 AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Federal Rules of Evidence; 5 U.S.C. 3331; 28 U.S.C. 1746(1); 44 U.S.C. 3501 by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to the following: Office of the United States Attorney Federal Building Wheeling WEST VIRGINIA Clerk of Court United States District Court Wheeling WEST VIRGINIA Attorney General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Solicitor General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Executed on December 19, 1996 /s/ Paul Mitchell _______________________________________________ Paul Andrew Mitchell, B.A., M.S., Sui Juris Citizen of Arizona state, federal witness, Counselor at Law, and Counsel of Record in Fact Notice and Demand for Mandatory Judicial Notice: Page 5 of 5 # # #
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U.S.A. v. Looker