Walter J. Burien, Jr. P. O. Box 2112 Saint Johns, AZ 85936 Phone (928) 445-3532 In And For State of Arizona Division One
__________________________________________ Case No. 1-CA-CV 06-0316 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 EXPEDITE 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.html 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 http://cafr1.com/Court/MARCH2009/1CA062508FELONYREPLY.html (html web version) (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: Troy Brown 1757 E. Baseline Road, Suite 130 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 WJB
[POST NOTE - ADDITIONAL RESOURCE - MOTION TO SET BEFORE JUDGE DAVID GASS dated 03/18/09] [POST NOTE - ADDITIONAL RESOURCE - FATHER'S PARENTING DOCTRINE EXERTED dated 07/31/98]
Court of Appeals
Walter J. Burien, Jr. Walter J. Burien, Jr., Pro Se
__________________________________Court of Appeals
In And For State of Arizona
Gilbert, AZ 85233
SENT MARCH 18th 2009 - US CERTIFIED MAIL
Judge Philip Hall CERTIFIED # 7005 2570 0000 6978 5896
Judge Ann S. Timmer CERTIFIED # 7005 2570 0000 6978 5889
Kristin Wurr