UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

______________

No. 04-16223

_____

v.

_________________________

________________

COMES NOW Plaintiff-Appellant (Movant) who hereby moves the Court to convene as an Article III Court for this Case, No. 04-16223.

Pursuant to Article III of the Constitution of the United States of America and the common law rights secured under that Third Article, I the Appellant, Gregory William Nemitz, do hereby request and require a lawful hearing before an Original Article III Constitutional court and not an insular court in the matter of Case No. 04-16223 in the United States Court of Appeals for the Ninth Circuit.

The matter to which Appellant has standing before this Court is absolutely an "Article III matter" involving the Bill of Rights and the Constitution. Appellant has been and continues to be injured by the decisions of the Defendant-Appellee U.S. agencies and by the Order of the lower court. Thus this Ninth Circuit Court of Appeals has a duty to convene in this case as an "Article III" Court and not as an "Admiralty" or any other Court jurisdiction.

Article III of the Constitution, which establishes the Supreme Court "and such inferior Courts as the Congress may from time to time ordain and establish" ... in which case defendants have a right to a trial by a jury of their peers, a right to due process and equal protection -- all the rights guaranteed by the Bill of Rights.

The federal government cannot hold any sovereignty over natural objects in outer space nor hold any sovereignty over Appellant’s personal property in outer space. Thus federal jurisdiction over this case can not be under "territorial jurisdiction" nor be decided in an "Admiralty jurisdiction" venue.

Appellant hereby requests and requires that justices or judges who exist or qualify under "Evans v. Gore, 253 US 245 (1920)" parameters to be Article III justices or judges be assigned to this case in order to convene a Article III original Jurisdiction court.

If I, the Appellant, cannot be guaranteed an Article III hearing at the common law before this Court, I, a natural man, now announce and affirmed my right to such a hearing and request of this Court to certify that it, the United States Court of Appeals for the Ninth Circuit, is not an Article III court and to inform this Appellant of where to make such a proper pleading.

_____________ _________________________

Date Gregory William Nemitz

Tel: (775) 721-2708 Address:

Fax: (925) 663-3198 1894-4 Highway 50 East, Suite 172

Email: gnemitz@orbdev.com Carson City, Nevada 89701 U.S.A..