Second Notice of Appeal FILED

[bill payne <billp@nmol.com>]

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. 




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