From: bill payne <billp@nmol.com>
To: jy@jya.com
Message Hash: b1a5bbb364cb65acc414ec3035a1a9e64f2ab69cddd8c274f202976592a8f5fd
Message ID: <357EF1F0.6569@nmol.com>
Reply To: N/A
UTC Datetime: 1998-06-10 20:54:36 UTC
Raw Date: Wed, 10 Jun 1998 13:54:36 -0700 (PDT)
From: bill payne <billp@nmol.com>
Date: Wed, 10 Jun 1998 13:54:36 -0700 (PDT)
To: jy@jya.com
Subject: Second Notice of Appeal FILED
Message-ID: <357EF1F0.6569@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain
Wednesday 6/10/98 2:34 PM
John Young
The second attached NOTICE OF APPEAL was stamped
FILED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
98 JUN 10 AM 9:52
Robert M. March
Clerk, ALBUQUERQUE
I put stamped copies of both in the mail to you.
The government only MAYBE understands FORMAL actions.
Informal actions, like letters etc, go into the waste paper basket.
Even formal actions such as the FOIA, PA, lawsuit, and criminal
complaint
affidavit the government will try to BLACK HOLE.
While, naturally, we would like to settle this unfortunate matter so
that we
can all get on to more constructive pursuits, it appears that we will be
doing
a FORMAL ACTION at least TWICE through the Tenth Circuit court of
appeals.
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 Plaintiffs 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, 3rd and Tijeras, ABQ, NM 87102
this Wednesday June 10, 1998.
2
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1998-06-10 (Wed, 10 Jun 1998 13:54:36 -0700 (PDT)) - Second Notice of Appeal FILED - bill payne <billp@nmol.com>