How To Argue Lack of Ratification of Commencement?

usa eagleOBJECTION FOR LACK OF RATIFICATION OF COMMENCEMENT AND REQUEST TO DISMISS CASE

COMES NOW, in and for the record, Your Name, in a special limited appearance without consenting to jurisdiction only to under penalty of perjury and with full commercial liability state for the record that;

  1. Pursuant to Rule 17, I object, there has been no ratification of commencement in this matter.

  2. Rule 17(a) Real Parties in Interest which clearly states that every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought; and when a statute of the United States so provides, an action for the use or benefit of another shall be brought in the name of the United States. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.”

  3. Let’s take a look at what Rule 17(a) is saying: “No action shall be dismissed . . . after objection . . . for ratification of commencement of the action by the real party in interest”.

  4. QUESTION: What is ratification of commencement?

  5. ANSWER: It is the CLAIM.

  6. No one has a claim unless injured or trespassed.

  7. I believe that “ratification” is the piece that comes before the question of claim.

  8. If someone alleges they have a claim, they have to produce the ratification of commencement.

  9. Now, in an alleged criminal matter, one could argue that this is a Civil Rule, however, according to the civil rules of procedure, more specifically, Rule 1, there is only one form of action, a civil action. “These rules govern the procedure in all civil actions and proceedings in the United States district courts”. This is important because:

     

    1. all crimes are commercial, (27 cfr 72.11); and

    2. every alleged crime has to have “nature and cause”; and

    3. must be prosecuted in the name of the people of the state as a REAL PARTY in interest.

  10. My objection is for lack of ratification of commencement, which is basically the lack of a “proof of claim” made under oath and pain and penalty of perjury, and without it, the case cannot move forward.

  11. These most important things cannot be separated or ignored.

  12. They go right to the heart of every matter in court.

  13. If I injure a living, breathing man / woman, or their property, they can provide such ratification.

  14. If someone produces or alleges that they do indeed have “ratification of commencement” then the person purporting to have the same is being asked, by me, immediately:

     

    1. May I have your name please?

    2. Do you have a claim against me?

    3. Do you, under penalty of perjury and with full commercial liability, have a certified proof of claim against me?

  15. If someone produces or alleges that they do have “ratification of commencement”, I believe you will find that the person does NOT HAVE A CLAIM against me, and therefore, the alleged ratification of commencement is not such a thing.

  16. If Plaintiff lacks “ratification of commencement”, this case may not continue.

  17. If Plaintiff lacks “ratification of commencement”, this case must be dismissed.

  18. Pursuant to Rule 17, I object, there has been no ratification of commencement in this matter.

Date: 8th day of June, 2009

Without prejudice - All rights reserved | Signed reserving all my rights at 1-207 & 1-308

Affiant, by: ______________________________________________________

Your Name, De Jure Soli, Sanguinis, Coronea – Not a fiction

PROOF OF SERVICE:

I, Your Name , one of the people of Missouri, the sovereign spoken of in Yick Wo v. Hopkins, 118 US 356, 370, making a special limited appearance in this court on special request of Roy Stang who is kidnapped by armed criminal, only to in a special limited appearance and with the lawful and legal authority of power of attorney for Roy Stang, serve by Fax these pleadings which Roy Stang intended to file at the Lincoln County Court before Roy Stang got kidnapped by armed criminals. I certify under penalty of perjury that I have duly filed this document and related documents in the court clerk served all parties a true and correct copy of this document(s) on this 5th day of June, 2009 by sending via fax to the Lincoln county prosecuting attorney court clerk and by instructing the clerk to deliver a true copy to of this “time and date stamped” legal document to all Judges, officers, and attorneys mentioned herein.

Date: 8th day of June, 2009 | Without prejudice - All rights reserved.

Signed reserving all my rights at 1-207 & 1-308

by: __________________________________________

Dario Busch, De Jure Soli, Sanguinis, Coronea

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