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