Monty Alan Cutsforth
c/o 4599 West Irma Street
Yuma, Arizona, nearby [85364]
Monty Alan Cutsforth, by Special Appearance
IN THE SUPREME COURT FOR THE STATE OF ARIZONA
)
STATE OF ARIZONA, ) Case No.:
)
) Cause No.: S1400CR202500051
Plaintiff, ) Demand for a Writ of Mandamus.
)
vs. )
) Date: 2/19/2025
MONTY ALAN CUTSFORTH, ) Time: 8:30am
)
)
Aggrieved Defendant. )
_____________________________________ )_ ____________________________________
COMES NOW Monty Alan Cutsforth, Attorney in Fact for the above-mentioned Estate Trust,
hereinafter “Aggrieved Defendant”, to this Court with the following lawful Demand for a Writ
of Mandamus in the above-mentioned action, Associated case numbers J-1401-IA-202500038, J
1401-CF-202500021 on or before February 19th, 2025 or as soon thereafter as Aggrieved
Defendant may be heard.
Respectfully submitted,
By: /s/Monty Alan Cutsforth Dated: 3/1/2025
Attorney in Fact
DEMAND FOR A WRIT OF MANDAMUS
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STATEMENT OF THE FACTS AND MERITS
1. The Clerk, Mary White, having received Aggrieved Defendant's DEMAND FOR
DISMISSAL on or about January 30th, 2025 and NOTICE OF BOND on or about January 30th,
2025, with time now expired to file timely, has failed to record these documents into the matter
after being respectfully ordered to enter the above-titled documents into the record of the above-
mentioned matter.
2. The attached Exhibit A contains evidence of the proofs of service to the Clerk’s office
and verified as delivered via eFileAZ eService Notification CASE NUMBER
S1400CR202500051,
Exhibit A
Filing #: 4517138
Filing
01/30/2025 04:03:01 PM ET
Time:
Filer: Monty Alan Cutsforth 9289198680
Court: Yuma County Superior Court County, Arizona
Case #: S1400CR202500051
Case Style: STATE OF ARIZONA PLAINTIFF VS MONTY ALAN CUTSFORTH DEFENDANT
Title File
Demand For Dismissal DemandForDismissalMonty.docx
Notice Of Bond NOTICEOFBONDMonty.docx
DEMAND FOR A WRIT OF MANDAMUS
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3. Said Clerk, having neglected or refused to enter the documents into the matter, now
therefore the Aggrieved Defendant demands that the writ of mandamus issue forth to mandate
the ministerial duty of the Clerk to enter the documents immediately.
MEMORANDUM OF LAW
1. Federal Rules of Civil Procedure, Rule 5 (d) states the following:
“(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is
not in the form prescribed by these rules or by a local rule or practice.” (italicized for emphasis)
2. Title 18 United States Code, Section 2071 states the following:
“(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or
destroys, or attempts to do so, or, with intent to do so takes and carries away any record,
proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or
officer of any court of the United States, or in any public office, or with any judicial or public
officer of the United States, shall be fined under this title or imprisoned not more than three
years, or both.”
“(b) Whoever having the custody of any such record, proceeding, map, book, document,
paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies,
or destroys the same, shall be fined under this title or imprisoned not more than three years, or
both; and shall forfeit his office and be disqualified from holding any office under the United
States.” (italicized for emphasis)
3. Title 42 United States Code, Section 1985 states the following:
“(2) OBSTRUCTING JUSTICE; INTIMIDATING PARTY, WITNESS, OR JUROR -
DEMAND FOR A WRIT OF MANDAMUS
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If two or more persons in any State or Territory conspire to deter, by force, intimidation, or
threat, any party or witness in any court of the United States from attending such court, or from
testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or
witness in his person or property on account of his having so attended or testified, or to influence
the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure
such juror in his person or property on account of any verdict, presentment, or indictment
lawfully assented to by him, or of his being or having been such juror; or if two or more persons
conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the
due course of justice in any State or Territory, with intent to deny to any citizen the equal
protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to
enforce, the right of any person, or class of persons, to the equal protection of the laws;”
(italicized for emphasis)
4. “A judgment is void if the court that rendered it lacked jurisdiction of the subject matter,
or of the parties, or acted in a manner inconsistent with due process.” –Klugh v. United States,
610 F. Supp. 892, 901
5. “Accordingly, it is settled law that delivery of a pleading to a proper official is sufficient
to constitute filing thereof.” –Freeman v. Giacomo Costa Fu Andrea, 282 F. Supp. 525, United
States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916); Milton v. United States,
105 F.2d 253, 255 (5th Cir., 1939); Greeson v. Sherman, 265 F. Supp. 340 (D.C.Va.,1967)
CONCLUSION
Because the Clerk has made a discretionary and legal determination by refusing to file the
above-titled documents into the above-mentioned pending matter and supported by the attached
Exhibit A containing evidence of a proof of service to the Clerk, there is an obstruction of justice
for which the laws of the United States provide for punishment including incarceration and fines
upon the submission of a complaint by the Defendant to the Attorney General of the STATE OF
ARIZONA. The above-referenced laws show that the Clerk cannot refuse to file a document for
DEMAND FOR A WRIT OF MANDAMUS
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form as the duties of the Clerk are ministerial (not judicial). THEREFORE, the Defendant hereby
demands that the Writ of Mandamus issue forth to mandate the Clerk to enter the documents
immediately or risk prosecution under the laws of the United States.
VERIFICATION
In Witness whereof, knowing the law of bearing false witness before God and men, I
solemnly affirm that I have read the foregoing and know the contents thereof to be true to the
best of my knowledge except as to the matters which are therein stated on my information or
belief, and as to those matters, I believe them to be true. These instruments are submitted upon
good faith belief that they are grounded in fact, warranted by existing law or a good faith
argument for the modification or reversal of existing law, and are submitted for proper purposes
and not to cause harassment and unnecessary delay or costs.
Respectfully submitted without prejudice, U.C.C. § 1-308,
By: /s/Monty Alan Cutsforth
Attorney in Fact for
MONTY ALAN CUTSFORTH, Aggrieved Defendant
I, Monty Alan Cutsforth, certify that I have served the Plaintiff a true and correct copy of
this legal document by email at CountyAttyCrimDivPaperwork@yumacountyaz.gov on this
3/1/2025, and that I also filed a copy of this legal document with the Court Clerk on the above-
specified date.
Submitted on this 1st day of March, 2025
DEMAND FOR A WRIT OF MANDAMUS
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By:/s/Monty Alan Cutsforth
Attorney in Fact
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