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Hon. John C. Coughenour

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON UNITED STATES OF AMERICA, (INC) Plaintiff (Capacity Bankrupt Legal Fiction) ) CASE NO. CR10-328-JCC ) ) PETITION TO DISMISS FOR FAILURE ) TO PROSECUTE, ) PURSUANT TO FRCP RULE 41 ) By AFFIDAVIT OF Ronald Lee Brekke v. ) ) RONALD L. BREKKE, ) Defendant ) (Capacity ENS LEGIS, Legal Fiction) ) _______________________________________) Ronald Lee Brekke, ) ) Third Party Plaintiff ) ) (Capacity Administrator / Secured Party) ) ) v. ) ) UNITED STATES OF AMERICA, (INC) ) ) Governor, of State of Washington ) Hon. John C. Coughenour, Judge ) (Capacity Public Official / Trustee) CHRISTINE GREGOIRE, ) ) (Capacity Public Official / Trustee) ) ) Governor, State of California ) ) JERRY BROWN ) ) (Capacity Public Official / Trustee) ) ) Third Party Defendants ) Note: September 2 , 2011 ) (Does 1 10) ) __________________________________________1____________________________________________
Petition to Dismiss for Failure to Prosecute by Affidavit

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NOTICE is served upon the court and Plaintiff by way of a Petition to Dismiss for failure to prosecute pursuant to FRCP Rule 41 Dismissal of Actions

I, Ronald Lee Brekke, Intervenor, Third Party Plaintiff, Administrator of the RONALD LEE BREKKE TRUST hereinafter, Petitioner, state that Petitioners presence here is special. All parties whatsoever are estopped henceforth from acting against any of Petitioners rights and property in any manner regarding this matter because Code is "not the law" (In Re Self v Rhay, 61 Wn (2d) 261) defined by Black's Law Dictionary as prima facie, which is color of law; color is "counterfeit or feigned". (Exhibit A) Advisement of Reservation of Rights attached hereto and incorporated herein by reference) I have personal knowledge of the matters stated herein, am over the age of majority, and hereby asseverate understanding the liabilities presented in your Briscoe v LaHue, 460 US 325.

NOW, COMES, Petitioner (alleged Defendant in, Complaint #CR10-328-JCC) Ronald Lee Brekke on public record for all to see, with this: PETITION TO DISMISS FOR FALIURE TO PROSECUTE

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PURSUANT TO FRCP RULE 41 BY AFFIDAVIT OF


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Ronald Lee Brekke


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FRCP Rule 41. Dismissal of Actions


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(a) Voluntary Dismissal.


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(1) By the Plaintiff.


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(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66 and any applicable
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federal statute, the plaintiff may dismiss an action without a court order by filing:
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(i) a notice of dismissal before the opposing party serves either an answer or a motion
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for summary judgment;


27 28 __________________________________________2____________________________________________ Petition to Dismiss for Failure to Prosecute by Affidavit

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(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 operates as an adjudication on the merits.

1)

On or about June 28, 2011, Petitioner filed an Affidavit of Negative Averment, incorporated

herein by reference, giving Third Party Defendant, UNITED STATES OF AMERICA twenty one (21) days in which to file a response with the court; 2) Twenty One (21) days have passed and Third Party Defendant failed to respond to said

Affidavit; A MAXIM OF LAW IS THAT AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE 3) On or about July 28, 2011, Petitioner filed a DEMAND TO DISCHARGE FOR JUST

CAUSE, FRCP 12(b)(1), (2) and (6), ELEVENTH AMENDMENT VIOLATION, DEMAND FOR ADMINISTRATIVE HEARING incorporated herein by reference, giving Third Party Defendant, UNITED STATES OF AMERICA twenty one (21) days in which to file a response with the court; 4) On or about August 1, 2011, Petitioner filed an Affidavit of Petitioner Ronald Lee

Brekkes Denial of Plea and Appointment of Counsel, incorporated herein by reference, as evidence of Robert M. Leens lack of knowledge of the matters involved rendering him ineffectiveness as assistance of counsel by his own admittance, as by Robert M. Leens failure to sign Petitioners Affidavit, Robert M. Leen agreed and established on and for the record that he has no experience and no wins in matters such as this; 5) 6) Robert M. Leen offered NO defense strategy, whatsoever; As it has been established, on and for the record, Robert M. Leen is not competent and

effective assistance of counsel in this matter, Petitioners filing stipulated that the court find, for Defendant, competent assistance of counsel, not re-presentation, within twenty one (21) days filing of the Affidavit of Petitioner Ronald Lee Brekkes Denial of Plea and Appointment of
__________________________________________3____________________________________________ Counsel incorporated herein by reference; Petition to Dismiss for Failure to Prosecute by Affidavit

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7)

Robert M. Leen has a conflict of interest exists due to his allegiance to the court, the

Plaintiff and the BAR. Robert M. Leen works for the court. He is paid by the court. 8) Incompetent and ineffective assistance of counsel is prejudicial towards Defendant;

CONCLUSION Action against Defendant must be dismissed for failure to prosecute, pursuant to FRCP Rule 41. Court and was put on notice of Public Defender Robert M. Leens incompetence and ineffectiveness and given ample time to provide Defendant a competent replacement. Court failed

to take timely action and appoint Defendant competent and effective assistance of counsel.
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The 6th Amendment of the Constitution of the United States:


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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
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impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. In the interests of fairness and justice, Case #CR10-328-JCC must be dismissed because Defendant, despite numerous requests has been denied competent and effective assistance of counsel. NOTICE TO AGENT IS NOTICE TO PRINCPIAL

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NOTICE TO PRINCIPAL IS NOTICE TO AGENT


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Without granting any jurisdiction to any corporate body, I declare under penalty of perjury under
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laws without united states and without the United States of America and suitable for an
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administrative law court, such as this one, that the foregoing is true and correct to the best of my
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personal knowledge, good faith and belief. I am not an expert in the law however, I do know right
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from wrong. If there is any human being damaged by any statements herein, if he will inform me
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by facts I will sincerely make every effort to amend my ways. I hereby and herein reserve the right
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to amend and make amendments to this document as necessary in order that the truth may be
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ascertained and proceedings justly determined. I reserve all my rights by explicit reservation.
28 Petition to Dismiss for Failure to Prosecute by Affidavit

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Signed on this the _____ day of the _____ month in the year of our Lord two thousand eleven. Further Petitioner sayeth naught. [UCC 1-308]

By:_______________________________ Ronald Lee Brekke, Unrepresented Petitioner, Administrator of RONALD L. BREKKE ESTATE GENERAL DELIVERY HUNTINGTON BEACH, CA 92647-9998 All Rights and Remedies Reserved, Without Prejudice, Without Recourse
"I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy that I did not enter knowingly, voluntarily, and intentionally. And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy."

JURAT State of California Orange County ) )

SUBSCRIBED AND ATTESTED TO before me on this ________day of________________, 2011 by Ronald Lee Brekke who proved to me on the basis of satisfactory evidence to be the man who appeared before me ELISEO REYES RESURRECCION, Notary Public, and whose name is subscribed on this Document / Instrument; witnessed by my signature and official stamp.

NS: _________________________________ Signature of Notary Public

LEGAL NOTICE The Certifying/Affirming Custodian Notary is an independent contractor and not a party to this claim. In fact the Certifying/Affirming Custodian Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying/Affirming Custodian Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled Deprivation of Rights Under Color of Law, which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. law. Use of a Notary or references to US codes, rules, regulations, statutes and the like does not constitute a granting of jurisdiction, waiving of any rights or an acceptance of any benefits or privileges, real or imagined.
__________________________________________5____________________________________________ Petition to Dismiss for Failure to Prosecute by Affidavit

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CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document, PETITION TO DISMISS FOR FALIURE TO PROSECUTE PURSUANT TO FRCP RULE 41 BY AFFIDAVIT OF Ronald Lee Brekke for Case No. CR10-328-JCC in the US DISTRICT COURT OF WASHINGTON AT SEATTLE was sent by mail, sufficient postage prepaid, to the following, whose names and addresses are listed below, on this the _____ day of the ______ month in the year of our Lord, two thousand eleven. _____________________________ ELISEO REYES RESURRECCION
UNITED STATES OF AMERICA, C/O JENNY DURKAN, US ATTORNEY US DISTRICT COURT 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 DEPARTMENT OF TRANSPORTATION, RAY LAHOOD, SECRETARY 1200 NEW JERSEY AVE SOUTHEAST WASHINGTON, DISTRICT OF COLUMBIA 20590 Pursuant to: [46 USC 31321] Filing, recording, and discharge DOUGLAS H. SHULMAN, IRS COMMISSIONER, INTERNAL REVENUE SERVICE CRIMINAL DIVISION, BOX 192 COVINGTON, KENTUCKY 41012 ERIC H. HOLDER, JR., DBA US ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE, 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530 J. RUSSELL GEORGE, DBA INSPECTOR GENERAL FOR TAX ADMINISTRATION 1125 - 15TH STREET NW - WASHINGTON DISTRICT OF COLUMBIA 20005 JERRY BROWN, DBA - GOVERNOR OF STATE OF CALIFORNIA C/O OFFICE OF THE ATTORNEY GENERAL, 1300 I ST. SACRAMENTO, CALIFORNIA 95814 CHRISTINE GREGOIRE, DBA - GOVERNOR OF STATE OF WASHINGTON C/O OFFICE OF THE ATTORNEY GENERAL, 1125 WASHINGTON ST. SE. PO BOX 40100, OLYMPIA, WASHINGTON 98504
__________________________________________6____________________________________________ Petition to Dismiss for Failure to Prosecute by Affidavit

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