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NOTES

First, I would like to take this opportunity to thank all of you that have purchased a subscription to "Nichols Notes." I have sent out complimentary copies of the first two issues to many people in order to get some different views and perspectives about this newsletter. As of this issue, there will no more complimentary copies sent out, as you have paid for this newsletter and this is your newsletter. Again, thank you for your support and please do not hesitate to contact me with any comments or topics of interest you might want me to discuss in this newsletter.

This newsletter will be a little different than normal. I wanted to include a rather lengthy legal document that I prepared for my Writ of Mandamus case filed in Tyler, Texas Federal Court system. Even if you have no interest directly in that case, I thought you might want to see what can and will happen in cases like this.

To set the stage for what you are about to read, I want to bring you up to speed on what happened to cause me to have to respond with this Motion. To begin, I filed a Writ of Mandamus to force a couple of Federal Prosecutors and an FBI agent to either prosecute two people that admitted to crimes or tell everyone why they didn't prosecute two people that had admitted to committing crimes.

Next, they filed a Motion to say, that they didn't have to and I couldn't even make them answer the question about prosecuting two people that had admittedly stated to committing crimes, about why they did or did not prosecute these people. In fact, they claimed I didn't even have the right to ask them this simple question.

The next thing that happened was that I was sent a document asking me if I wanted to use the Magistrate instead of going before or having the case handled by the Federal Judge. To this offer, I said NO! In fact, I said that I wanted to go before the Federal Judge and was absolutely specific regarding that point. By not excepting the offer of the Magistrate, here is what should have happened. In a case like this, it is not uncommon for the Magistrate to review all motions and make a recommendation to the Federal Judge. The Federal Judge is still the one that would decide and make the final decision on the case. You will notice that I had asked the Court to be able to present my case in Court with oral arguments. A request like this does not have to be granted by the Court unless certain criteria's are met in civil cases. A civil case should be about constitutional issues, must be too complex to be adequately presented with motions and responses and it always helps to point out that you have specific and compelling evidence to present to the Court.

At this point, along with my request of oral arguments, I submitted my Motion of Response to the Defendants Motion to have the case thrown out. It might help you to know that their Motion to Dismiss was pretty weak at best. All seemed to be going according to norm, then all of a sudden I received in the mail, a document that sent everything in this case into a tail spin. I received a letter from the Court and inside, to my surprise--- "OH YEA," what did I find? A copy of a document from the Magistrate to the Federal Judge, "YOU BET!" Including his recommendations to agree with the Defendants to have the case dismissed, again, this is violating the law.

Now, I fully planned that something like this would occur but not in the way it was done. The Magistrate sent his recommendations to the Federal Judge before my response to the Defendants Motion to Dismiss had even been filed. This cute little trick violates the Federal Rules of Civil Procedure. They cannot do that period. WOOPS!

Well you should now have the picture of what was done and now you are ready to read my response to the Court. I hope you excuse the fact that I am not an attorney.

Have fun and good luck,

Thought for the week:

Character is both developed and revealed by tests and all of life is a test.

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