Walter J. Burien, Jr.
P.
O. Box 2112
Saint
Johns, AZ 85936
Phone
(928) 445-3532
In And For State of Arizona
Division One
Petitioner / Appellant MAR
Case No. DR 2000-090543
v.
MOTION TO VACATE BY
ORDER OF THE COURT
STATE
OF ARIZONA ex rel. ARIZONA (
Nunc
pro tunc )
DEPARTMENT
OF ECONOMIC SECURITY
HON.
JUDGES: Philip L. Hall
DEBBIE
C. BURIEN aka: (WATTON) Ann S. Timmer
Respondent / Appellee Michael J. Brown
EMERGENCY EXPIDITE REQUESTED
The State of Arizona ]
] ss.
County of Apache ]
Petitioner hereby submits the
following MOTION TO EXPIDITE A SIGNED ORDER of the court ( Nunc pro tunc ) for
the following good cause;
1.
Let it be known that I am not
WALTER J BURIEN JR, a corporation or any legal fiction, I am and have always
been Walter J. Burien, Jr., a private and natural born
person that is claiming all of his rights under the founding law of this
country started July 4, 1776 and recorded in the legal matter of the case law
that is available to you and all private and public people.
2. Petitioner
filed with the Arizona Court of Appeals the 11th day of June 2008 a SUMMARY CLOSURE1 Per ARCAP Rule 3 with request for ORDER and hereby incorporates the same in whole by
reference here as submitted to the court;
3. Troy L.
Brown filed on June 20th 2008 with the court a “form” MOTION TO STRIKE2
abetting to no mention of or addressing the core issue of the felony standing
from the inception of this matter and
Petitioner hereby incorporates the same in whole by reference here as
submitted to the court. The Department of Economic Security (DES) acquiesced
with no reply or objection to Petitioner’s SUMMARY CLOSURE1 Per
ARCAP Rule 3 with request for ORDER;
4.
Petitioner, Walter J. Burien, Jr., filed on June 27th 2008 with the
court a RESPONSE3 To: Troy L. Brown’s MOTION TO STRIKE dated June
20th 2008 and hereby incorporates in said reply in whole by
reference here;
5.
On July 31st
2008, Judge Michael J. Brown signed an order of the court denying Appellant’s
motion to strike as requested in Appellant’s SUMMARY CLOSURE1;
6.
Whereby Judge Michael J.
Brown as the sole signer of said order of the court, in doing so on 07/31/08,
and doing so knowingly; willingly; and intentionally has participated with the
commission of a felony(s), first in order in violation of; (CFR) Title 17: Commodity and Securities Exchanges PART
4 — COMMODITY TRADING ADVISORS as clearly brought forth by Petitioner who is not a federally licensed
Commodity broker since 1992, not employable as such in any capacity, and I make
special note consequentially the standing of that order perpetuates Federal
funding fraud as applicable to federal Child Support funding to and by the
state of Arizona by representative action, another distinct and clear felony;
7.
Whereby the specific and
clear felony(s) being committed as disclosed in Appellant’s SUMMARY CLOSURE1, felony(s) standing from the inception of this
matter at hearing4 held before Commissioner David P. Arrow on 04/20/06
before the court and people of Arizona, a felony which in its perpetration and
continuation can move towards a true bill for indictment, arrest, seizure, and
invalidates and makes mute the basis from the inception of this mater of the
State’s or Respondent’s premise of child support claim in it’s entirety. The
order of the court upon which it’s inherent foundation stands; is mute; void in
application; principle of law; and or statute and additionally is clearly
designed on face value to knowingly; willingly; and intentionally cause harm
and damage to this Appellant by the parties involved, yet another separate
felony(s);
8.
More importantly a
felony(s) which in their perpetration and continuation comes at great ethical
cost by erosion of any honorable standing the judiciary may have as the acts on
the part of certain US Attorneys, Judges representing the State of Arizona, and
associated attorneys involved with this case who have and who continue to
knowingly; willingly; and intentionally participate with the commission of a
felony(s) and further damage to Walter J. Burien, Jr., this Appellant.
9.
Appellant moves
the court that if evidence of a fact is clear, positive, uncontradicted
and of such nature it cannot rationally be disbelieved, the court must instruct
that fact has been established as a matter of law. Roberts v. Del Monte
Properties Co., 111 CA2d. 69 (1952); and in such light, Petitioner requires
that lawful corrective action be forthcoming, and if need be, the Presiding
judge of the Arizona Court of Appeals and or the Maricopa Superior court grant by formal order Petitioner’s request
to vacate by formal order, the child support ruling of Judge David Arrow at hearing4 as requested by Appellant “Nunc pro tunc”
literally meaning "now for then" as outline in and by signed order of
the court.
10. Judge
Michael J. Brown; attorney Troy Brown; and it appears: Assistant Attorney
General Paula Cotitta for DES have already clearly established their
willingness to participate in and to further perpetuate a felony(s) brought
forward by this Appellant. The State
Attorney Generals Kristin Wurr and Kathryn Harris after being served on
06/12/08 as confirmed with confirmation of delivery USPS mail #
03071790000435646692 of the active felony(s) being perpetrated did not in reply
further perpetuate the reported felony(s) in an active state, but in the
alternative have in their silence to Appellant’s SUMMARY CLOSURE1, have taken no action to clearly establish their
willingness to further perpetuate a felony(s).
11. As for
Judges Philip Hall and Judge Ann S. Timmer, at this point, it is not clear to
me if they have knowingly, willingly, and intentionally participated. On the
State Appellate level, only Judge
Michael J. Brown has commented on, or signed any court orders to date noting
Judges Timmer and Hall concurring. Being that Judges Philip Hall and Judge Ann
S. Timmer are assigned to this case, the showing I have seen to date is that Judge Michael J. Brown may have been in effect
rubber-stamping for the two other Judges mentioned here, without them truly
being clearly aware of the felony(s) being perpetrated and that are in an
active state of insurrection;
And; to clarify the true intent or lack
thereof, of Judges Philip Hall and Judge Ann S. Timmer, Appellant requires, due
to the seriousness of the felony(s) being perpetrated, the signing of a ruling
on this motion to vacate ( Nunc pro tunc ), that it be signed granted
or denied by the three judges assigned to this case; Judge
Philip Hall; Judge Ann S. Timmer, and Judge Michael J. Brown.
THEREFORE Appellant moves here by special motion5 “Nunc pro tunc” that the three appellate judges assigned to this case or
if need be, the presiding judge of the Appellate or Superior court to without
further delay vacate by formal order the ruling of Commissioner David P. Arrow
from the hearing4 which this action before the
court initiated, granting Appellant’s relief that was previously and as is
diligently sought to date with good cause shown.
In Compliance with the now applicable Paper
Reduction Acts of State, Local, and Federal Governments, links
are being provided to the exhibits and referenced documents noted herein for
ease of access and reduction of paper circulated.
Appellant states that all documents, pleadings,
exhibits, or audio files provided by links herein are true and accurate text or
digital audio files as filed with the court in this matter. Review of any
notarized and signed hard copies as filed are available from the Clerk of the
Court or Appellant, to any party for verification of accuracy contained in these
linked digital files as provided here:
REFERENCES: TRUE TEXT COPIES ONLINE FOR EASE OF
(ACCESS - LINKS “CASE SENSITIVE”):
PETITIONER’S SUMMARY CLOSURE1 –
filed 06/11/08:
http://cafr1.com/Court/MARCH2009/1CA-061108FELONY.DOC
TROY BROWN - MOTION TO STRIKE2 - filed 06/20/08:
http://cafr1.com/Court/MARCH2009/TroyBrownReply062008.doc
PETITIONER’S RESPONSE3 – filed 06/27/08
http://cafr1.com/Court/MARCH2009/1CA062508FELONYREPLY.DOC
(Complete audio record – David Arrow - hearing4 – held 04/20/06
http://cafr1.com/Court/MARCH2009/DPArrow042006.mp3
This motion5 TO VACATE “Nunc pro tunc” -
having active hyper links for easy navigation and viewing – filed 03/18/09
http://cafr1.com/Court/MARCH2009/1CA031809.doc
(MSWord Doc)
http://cafr1.com/Court/MARCH2009/1CA031809.html
(html web version)
Submitted to the Arizona Court of Appeals this 18th day of
March 2009, by;
___________________________________________________
VERIFICATION
STATE
OF ARIZONA )
KNOW ALL MEN BY THESE PRESENTS
COUNTY
OF APACHE )
Before me the
undersigned authority on this day personally appeared Walter J. Burien, Jr.,
who after being duly sworn, did depose and state:
"My name
is Walter J. Burien, Jr., I am over twenty-one (21) years of age, have never
been convicted a crime of moral turpitude and am competent to make this
affidavit. I am the Petitioner in the foregoing affidavit of MOTION TO STRIKE, ( Nunc pro tunc ) by affidavit and all statements, allegations,
and denials contained therein are true and correct to the best of my knowledge
and belief.
Walter J. Burien, Jr.
Given under my hand and seal this 18th
day of March
2009
______________________________ ______________________________
Notary Public, In and For the State of Arizona Name of Notary - Printed
One ORIGINAL and five copies of the foregoing
MOTION TO VACATE, “Nunc
pro tunc” by affidavit sent this 18th day of March 2009, US PRIORITY MAIL – DELIVERY CONFIRMATION # 03071790000435646821 - TO:
Clerk of the Court
1501 W. Washington St.
Phoenix, Arizona 85007
AND one copy sent this 18th day of March 2009; US PRIORITY MAIL – DELIVERY CONFIRMATION # 03071790000435646838 - TO:
1757 E. Baseline Road, Suite 130
And USPS this 18th day of March 2009;
SENT MARCH 18th 2009 - US
CERTIFIED MAIL
Arizona Court of Appeals
1501 W. Washington St.
Phoenix, Arizona 85007
Arizona Court of Appeals
1501 W. Washington St.
Phoenix, Arizona 85007
AND one copy sent this 18th day of March 2009, US Mail, to the following:
Assistant Attorney General
P. O. Box 6123, Site Code 775C
Phoenix, Arizona 85005
USPS DELIVERY CONFIRMATION # 0307 1790 0004
3564 6845
Honorable Barbara Rodregus Mundell
Maricopa Superior Court – Old Court Building
125 W. Washington St. Suite 510
Phoenix,
Arizona 85003
USPS DELIVERY CONFIRMATION # 0307 1790 0004
3564 6777
by_____________________