Notice of Intent to Prosecute Appeal

Paul Andrew Mitchell

c/o P.O. Box 370

Sunset Beach 90742

CALIFORNIA, USA

tel: (562) 592-9047

fax: (562) 592-4917

In Propria Persona

without Prejudice

United States Court of Appeals

Ninth Circuit

Paul Andrew Mitchell, ) Appeal No. 02-15269

)

Plaintiff/Appellant, ) NOTICE OF DISTRICT COURT RULING,

) OF INTENT TO PROSECUTE APPEAL,

v. ) AND OF INTENT TO AMEND THE

) NOTICE OF APPEAL TO INCLUDE

AOL Time Warner, Inc. et al., ) DISTRICT COURT’S RULINGS

) ON POSTJUDGMENT MOTIONS

Defendants/Appellees.)

______)

COMES NOW Paul Andrew Mitchell, Appellant in the above entitled appeal, responding to this Court’s routine ORDER dated February 22, 2002, to notify this honorable Court of three (3) district court rulings filed after the NOTICE OF APPEAL, to notify this Court of Appellant’s intent to prosecute this appeal, and to notify this Court of Appellant’s intent to amend the NOTICE OF APPEAL to include the three (3) district court’s rulings supra.

NOTICE OF ADDRESS CHANGE

The Clerk of this Court has recommended that Appellant reiterate His recently filed CHANGE OF ADDRESS FORM (see current address in the upper left-hand corner of this page).

The retaliation of which Appellant complains, in COUNTS THREE AND FOUR of His Initial COMPLAINT, has made it extremely difficult for Appellant to find gainful work and to support himself.

Many prospective clients and companies have expressed understandable fears that hiring Appellant would result in further retaliation against those clients and companies.

Finally, as of March 8, 2002 A.D., these latter problems now appear to be solved.

DELIVERY OF THIS COURT’S ORDER DATED FEBRUARY 22, 2002

WAS DELAYED IN THE U.S. MAIL, DUE TO FORWARDING

This COURT’S routine ORDER dated February 22, 2002, and signed by Christine Hill, Deputy Clerk, was not delivered to Appellant until the morning of March 11, 2002 A.D. (See Attachment “A” infra.)

Appellant is hereby responding immediately to that ORDER, without further delay.

NOTICE OF RULINGS ON POST-JUDGMENT MOTIONS

(1) On February 5, 2002 A.D., in error U.S. District Judge William B. Shubb denied Appellant’s motion to strike the ORDER AND FINDINGS AND RECOMMENDATIONS of U.S. Magistrate Judge Dale A. Drozd.

Said ORDER of February 5 has already been filed in this Court as Attachment “G” and incorporated by reference in Appellant’s recently filed MOTION FOR ORDER ENJOINING FURTHER INACTION BY THE REGISTER OF COPYRIGHTS, signed and served on March 7, 2002 A.D.

(2) On February 22, 2002 A.D., in error Judge Shubb denied Appellant’s motion for reconsideration of the ORDER of February 5.

Said ORDER of February 22 has already been filed in this Court as Attachment “G” and likewise incorporated by reference in Appellant’s recently filed MOTION FOR ORDER ENJOINING FURTHER INACTION BY THE REGISTER OF COPYRIGHTS, signed and served on March 7, 2002 A.D.

(3) And, on February 28, 2002 A.D., in error Magistrate Drozd issued another ORDER allegedly vacating Defendant Telalink’s amended motion to quash, directing the Clerk of the district court to add Defendant Telalink to the service list, and directing that Clerk to serve Telalink with a copy of the Magistrate’s findings and recommendations and with Judge Shubb’s ORDER of January 25, 2002 (adopting the findings and recommendations in full). See Attachment “B” infra.

NOTICE OF INTENT TO PROSECUTE APPEAL

Appellant fully intends to prosecute the instant appeal.

Appellant also apologizes to this Court for any confusion that may have resulted from persistent delays in the delivery of Appellant’s U.S. Mail, and from Appellant’s recent move to a new office and dwelling in southern California.

Thanks to the generosity and kindness of some dedicated Americans, Appellant now has a stable living and working situation; U.S. Mail should not experience any further delays; and, Appellant can be reached by telephone and fax (see caption page supra).

[Please continue next page.]

NOTICE OF INTENT TO AMEND THE NOTICE OF APPEAL

TO INCLUDE RULINGS ON POST-JUDGMENT MOTIONS

Appellant hereby notifies this Court of His intent to amend the NOTICE OF APPEAL to include the district court’s most recent rulings on post-judgment motions. See discussion of ORDER’s dated February 5, February 22, and February 28, 2002 supra.

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, Appellant in the above entitled action, 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).

Dated: March 11, 2002 A.D.

Signed: /s/ Paul Andrew Mitchell

______

Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris

Appellant In Propria Persona (not “Pro Se”)

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” (federal government), 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 OF DISTRICT COURT RULING,

OF INTENT TO PROSECUTE APPEAL, AND

OF INTENT TO AMEND THE NOTICE OF APPEAL TO INCLUDE

DISTRICT COURT’S RULINGS ON POST-JUDGMENT MOTIONS

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

Judge Alex Kozinski Clerk of Court (5x)

Ninth Circuit Court of Appeals Attention: Cathy Catterson

P.O. Box 91510 Ninth Circuit Court of Appeals

Pasadena 91109-1510 P.O. Box 193939

CALIFORNIA, USA San Francisco 94119-3939

CALIFORNIA, USA

Ropers, Majeski, Kohn & Bentley DeForest & Koscelnik

(failed to exhibit oaths) (failed to exhibit oath)

1001 Marshall Street 3000 Koppers Building

Redwood City 94063 436 Seventh Avenue

CALIFORNIA, USA Pittsburgh 15219

PENNSYLVANIA, USA

Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP

(failed to exhibit oaths) (failed to exhibit oaths)

P.O. Box 1319 400 Capitol Mall, Suite 1700

Sacramento 95812-1319 Sacramento 95814-4419

CALIFORNIA, USA CALIFORNIA, USA

Curiale Dellaverson Hirschfeld Quinn Emanuel Urquhart Oliver

Kraemer & Sloan, LLP & Hedges, LLP

(oaths requested) (oaths requested)

727 Sansome Street 201 Sansome Street, 6th Floor

San Francisco 94111 San Francisco 94104

CALIFORNIA, USA CALIFORNIA, USA

Office of the General Counsel Paul Southworth

University of California 2018 N. New Hampshire Ave.

1111 Franklin Street, 8th Floor Los Angeles 90027

Oakland 94607-5200 CALIFORNIA, USA

CALIFORNIA, USA

Karl Kleinpaste Ram Samudrala

P.O. Box 1551 UW Micro Box 357242

Beaver Falls 15010 Seattle 98195-7242

PENNSYLVANIA, USA WASHINGTON STATE, USA

Laskin & Guenard Rivkin Radler, LLP

1810 South Street 1330 N. Dutton Ave., #200

Sacramento 95814 Santa Rosa 95401-4646

CALIFORNIA, USA CALIFORNIA, USA

Harvey Siskind Jacobs LLP Office of Solicitor General

3 Embarcadero Center, Ste. 1060 950 Pennsylvania Ave., N.W.

San Francisco 94111 Room 5614

CALIFORNIA, USA Washington 20530-0001

DISTRICT OF COLUMBIA, USA

Library of Congress 333 Market Street, 32nd Floor

101 Independence Avenue, S.E. San Francisco 94105-2150

Washington 20559-6000 CALIFORNIA, USA

DISTRICT OF COLUMBIA, USA

Dated: March 11, 2002 A.D.

Signed: /s/ Paul Andrew Mitchell

______

Printed: Paul Andrew Mitchell, Appellant In Propria Persona

(not “Pro Se” [sic])

Attachment “A”:

Copy of ORDER by Christine Hill

Deputy Clerk of the Ninth Circuit

Local Rule 27-7

Filed: February 22, 2002 A.D.

Attachment “B”:

Copy of ORDER by Magistrate Dale A. Drozd

Filed in Error in the United States District Court

DCUS Sacramento Docket #CIV. S-01-1480 WBS DAD PS

Filed: February 28, 2002 A.D.

Notice of Intent to Prosecute Appeal and Other Required Notices:

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