1 From:

***** *** ******

2 8171 R****** St.,
Westminister, Colorado
3
To:
4 Judge Dena Martin
&
5 Magistrate Lucas Rudisill
****** Superior Court
6 Courthose 1 E. Main St.,
**********, **. 47424
7
REGARDING CASE 1234-000-567-AA-89
8
A MOTION TO DISMISS
9
To the ****** Superior Court, and it's officers and agents,
10
For the record, my name is **** *** ******. I am a natural being living on the land within the
11 Republic of Colorado. Make note of that. This motion is to inform you of your infringement of my
rights, of your clear and blatant violations of law, and to serve as a formal grievance and complaint
12 against you. In the last letter I sent to you, I demanded that you prove your authority and
jurisdiction in this case or with any claim or action against me, and you denied me and refused.
13
Let me remind you of the law in which you swore to uphold. Once your jurisdiction is challenged,
14 you are obligated by law to prove you have standing in this case, to prove you even have
jurisdiction and authority. You cannot skirt around the written law and you cannot make
15 assumptions as to the nature of my sovereignty or jurisdiction, only your own! For the record, here
is the law as it still stands:
16
1) MELO v. US., 505 F2d, 1026, Once jurisdiction is challenged, the court cannot proceed
17
when it clearly appears that the court lacks jurisdiction, the court has no authority to reach
merits, but, rather, should dismiss the action.
18
2) LATANA v. HOPPER, 102 F2d 188, CHICCAGO v. NEW YORK 37 F Supp. 150,
Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.
19
3) MAIN v. THIBOUTOT, 100 S. Ct 2502 (1980) The law provides that once STATE and
FEDERAL JURISDICTION has been challenged, it must be proven.
20
4) BASSO v. UTAH POWER & LIGHT CO., 495 F2d 906, 910 Jurisdiction can be
challenged at any time. and Jurisdiction, once challenged, cannot be assumed and must be
21
decided.
5) HILL TOP DEVELOPERS v. HOLIDAY PINES SERVICE CORP., 478 So 2d, 368 (Fla 2nd
22
DCA 1985) Defense of lack of jurisdiction over subject matter may be raised at any time,
even in appeal.
23
6) STUCK v. MEDICAL EXAMINERS, 94 Ca. 2D 751. 211 P2d .389 Once challenged,
jurisdiction cannot be assumed, it must be proved to exist.
24
7) ROSEMAND v. LAMBERT, 469 F2d 416 The burden shifts to the court to prove
jurisdiction.
25
26
ac2010