From: bill payne <billp@nmol.com>
Date: Tue, 9 Jun 1998 12:41:35 -0700 (PDT)
To: william lewis <" Bill.Lewis"@hq.doe.gov>,       tyler przybylek <vicepresident@whitehouse.gov
Subject: NOTICE OF APPEALs
Message-ID: <357D8F35.536A@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain

Tuesday 6/9/98 1:10 PM

Lawyers

Morales and I met for lunch today to discuss legal strategies.

Morales is scheduled for a court hearing on Thursday.  Therefore,
it is time to increase the pressure.

These cases are not going away.

A fellow from Washington DC visited me some months ago.

The fellow told me that LOTS of people fighting with the IRS are
watching this pro se lawsuit seen at http://www.jya.com/whp052898.htm.

Reason I was told is that the IRS is using lawyers to go after
taxpayers.

Taxpayers NOW feel that either they have to pay what the IRS DEMANDS OR
get a lawyer to fight the IRS.

Hiring a lawyer is usually uneconomical.  And an ineffective way to
fight the US
government.

Readers of jya.com want to learn how to do pro se lawsuits EFFECTIVELY.

Morales and I are, of course, showing how to do pro se lawsuits
effectively
and inexpensively.

Morales and I are experienced at WINNING appeals at the Tenth Circuit.

http://jya.com/whp-10usca.htm

But we have yet to address the problem of Tenth Circuits awarding the
win to Sandia
when, in fact, Sandia lost on the common technicality of not filing its
Brief of the Appellees on time.

Sandia did not request an enlargement of time in both our cases.  In my
case Sandia falsified the certificate of service. 

Tenth Circuit rules forbid stamping FILED on late briefs where
permission to
file late is not requested at least five days prior to the deadline
date.

We will be getting around to filing criminal complaint affidavits on the
judges and clerks 
involved.  At the right time, of course.

But the time has come for Morales and I to file attached NOTICE OF
APPEALs.

We really should settle these unfortunate cases before matters get
WORSE.

Later
bill


                    UNITED STATES DISTRICT COURT 
                 FOR THE DISTRICT OF NEW MEXICO 
 
 
William H. Payne        	   	    		              ) 
Arthur R. Morales                           			) 
                                            				) 
                Plaintiffs,                 			              ) 
                                            				) 
v                                           				)	CIV NO 97 0266  
							)	SC/DJS 
			                    			) 
Lieutenant General Kenneth A. Minihan, USAF 	              ) 
Director, National Security Agency	    		              ) 
National Security Agency		    		              ) 
                                            				) 
                Defendant                   			              ) 
 
 
NOTICE OF APPEAL  Santiago E. Campos MEMORANDUM OPINION AND ORDER FILED 98 APR 30  
AM 11:45 
 
1  COMES NOW plaintiffs Payne  and Morales [Plaintiffs] to exercise their rights under the 
 
Federal Rules of Appellate Procedure    http://www.ca5.uscourts.gov/docs/frap-iop.htm 
 
FRAP 4. APPEAL AS OF RIGHT--WHEN TAKEN    http://www.ca5.uscourts.gov/docs/frap-iop.htm#4 
 
  a) Appeal in a Civil Case. 
 
  (1) Except as provided in paragraph (a)(4) of this Rule, in a civil case in which an appeal is permitted by law    
  as of right from a district court to a court of appeals the notice of appeal required by Rule 3 must be filed with  
  the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from;  
  but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any  
  party within 60 days after such entry. If a notice of appeal is mistakenly filed in the court of appeals, the clerk  
  of the court of appeals shall note thereon the date when the clerk received the notice and send it to the clerk  
  of the district court and the notice will be treated as filed in the  district court on the date so noted. 
 
2  Defendant Minihan is officer of the United States. 
 
3  Plaintiff's appeal  
 
A   NOW, THEREFORE, IT IS ORDERED that sua sponte, Defendant is DEEMED by the Court to be the    
      NSA, and not Lt. Gen. Kenneth A. Minihan. Future captions for this case should reflect this change. 
 
B   IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Plaintiff Morales is GRANTED. 
 
C   IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment Based on Evidence from   
     Admissions is DENIED as MOOT. 
 
seen at   http://jya.com/whp043098.htm   to the Tenth Circuit Court of Appeals. 
 
                    Respectfully submitted,  
  
  
 
	      William H. Payne             	   	      
                    13015 Calle de Sandias NE          	      
                    Albuquerque, NM 87111              	      
  
 			 
                     
                    Arthur R. Morales                             
                    1024 Los Arboles NW                          
                    Albuquerque, NM 87107                         
  
                    Pro se litigants  
  
  
               CERTIFICATE OF SERVICE  
  
I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF, 
Director,  National Security Agency, National Security Agency, 
9800 Savage Road, Fort George G. Meade, MD 20755-6000 
and hand delivered to Jan E Mitchell, Assistant US Attorney, 
9 Floor, Bank of America Building, 4th and Tijeras, ABQ, NM 87102 
this Wednesday June 10, 1998. 



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                    UNITED STATES DISTRICT COURT
                 FOR THE DISTRICT OF NEW MEXICO


William H. Payne        	 )
		   	 )
                Plaintiff,             )
                                          )
v                                        )	CIV NO 97 0266 
			 )	SC/DJS
			 )
National Security Agency	 )
			 )	               
                Defendant          )


NOTICE OF APPEAL from Santiago E. Campos MEMORANDUM OPINION AND ORDER  FILED
May 21, 1988 11:35

1  COMES NOW plaintiff Payne  [Plaintiff] to exercise his rights under the

Federal Rules of Appellate Procedure    http://www.ca5.uscourts.gov/docs/frap-iop.htm

FRAP 4. APPEAL AS OF RIGHT--WHEN TAKEN    http://www.ca5.uscourts.gov/docs/frap-iop.htm#4

  a) Appeal in a Civil Case.

  (1) Except as provided in paragraph (a)(4) of this Rule, in a civil case in which an appeal is permitted by law   
  as of right from a district court to a court of appeals the notice of appeal required by Rule 3 must be filed with 
  the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from; 
  but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any 
  party within 60 days after such entry. If a notice of appeal is mistakenly filed in the court of appeals, the clerk 
  of the court of appeals shall note thereon the date when the clerk received the notice and send it to the clerk 
  of the district court and the notice will be treated as filed in the  district court on the date so noted.

2  Defendant NSA is an agency of the United States.

3  Plaintiff appeals

  NOW, THEREFORE, IT IS ORDERED that Plaintiff's Motion to Amend should be, and is hereby, DENIED. 

seen at http://jya.com/whp052198.htm  to the Tenth Circuit Court of Appeals.


                    Respectfully submitted, 
 
 

	       William H. Payne             	   	     
                    13015 Calle de Sandias NE          	     
                    Albuquerque, NM 87111              	     

                    Pro se litigant
 
 
               CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF, 
Director,  National Security Agency, National Security Agency, 
9800 Savage Road, Fort George G. Meade, MD 20755-6000 
and hand delivered to Jan E Mitchell, Assistant US Attorney, 
9 Floor, Bank of America Building, 4th and Tijeras, ABQ, NM 87102 
this Wednesday June 10, 1998. 



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