STATE OF MINNESOTA

DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL
DISTRICT
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State of Minnesota,
DEFENDANTS MOTION TO DISMISS WITH
PREJUDICE FOR LACK OF PROBABLE CAUSE
Plaintiff,

vs.
District Court File No. 62-CR-16-
3832
Phillip Samuel Dunn,

Defendant.
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TO: The Honorable Gary W. Bastian, Judge of
Second Judicial District; Tanya OBrien, Asst. Ramsey County Attorney;
and, Clerk of Court---Criminal Division

INTRODUCTION

NOW COMES Phillip Samuel Dunn, a man on his own behalf reserve all
rights not to be compelled to perform under any contract or commercial
agreement that I did not enter knowingly, voluntarily, or intentionally
wherefore under complete duress file this Motion to Dismiss with Prejudice
for Lack of Probable Cause based on three grounds: 1) lack of subject matter
jurisdiction, 2) lack of proper venue, and 3) lack of personal jurisdiction.
Under complete duress Phillip Samuel Dunn, respectfully files this motion to
dismiss the complaint with prejudice, as all rights are reserved without
prejudice under Uniform Commercial Code (U.C.C.) 1-308 (old 1-207). A
copy of the state of Wisconsin Identification also obtained under complete
duress shows the claim for reservation of rights and knowledge of the
remedy and recourse under colorable law.

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 ARGUMENT

I. LACK OF SUBJECT MATTER JURISDICTION

Subject-matter jurisdiction, personal or territorial jurisdiction, and

adequate notice are the three most fundamental constitutional requirements
for a valid judgment. To decide a case, a court must have a combination of
subject (subjectam) and either personal (personam) or territorial (locum)
jurisdiction. To define subject-matter jurisdiction would mean the power of a
court to adjudicate a particular type of matter and provide the remedy
demanded. Under every system of law there is a remedy and recourse:

a) REMEDY

The remedy demanded was made by making a valid Reservation of

Rights, which preserves whatever rights a person then possesses, and
prevents the loss of such rights by application of concepts of waiver or
estoppel. (UCC 1-308 (old 1-207).7)

When a waivable right or claim is involved, the failure to make a

reservation thereof, causes a loss of the right, and bars its assertion at a
later date. (UCC 1-308 (old 1-207).9) Without Prejudice UCC 1-308
printed under my signature on the state of Wisconsin ID evidences a
reservation of rights prior to making the claim. Wherefore, the sufficiency of
the reservation, any expression indicating an intention to reserve rights, is
sufficient,
such as "WITHOUT PREJUDICE." (UCC 1-308 (old 1-207).4) Meaning, "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. Furthermore, I do not and will not accept the
liability of the compelled benefit of any unrevealed contract or commercial
agreement or bankruptcy."

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 b) RECOURSE

The recourse is found under (UCC 1=103.6); The Code is

complimentary to the Common Law, which remains in force, except where
displaced by the code. A statute should be construed in harmony with the
Common Law, unless there is a clear legislative intent to abrogate the
Common Law. The Code was written so as not to abolish the Common Law
entirely, rather displace it by abolishing only Common Law crimes.
Minnesota State 609.015 SCOPE AND EFFECT: Subdivision 1. Common law crimes
abolished. Common law crimes are abolished and no act or omission is a crime unless made so
by this chapter or by other applicable statute, but this does not prevent the use of common law
rules in the construction or interpretation of the provisions of this chapter or other statute.
Crimes committed prior to September 1, 1963, are not affected thereby. Subd. 2. Applicability.
Unless expressly stated otherwise, or the context otherwise requires, the provisions of this
chapter also apply to crimes created by statute other than in this chapter.

The Code cannot be read to preclude a Common Law action. (UCC 1-

103.6) Wherefore, I put this Court on Notice, absent a dismissal of the
Complaint with prejudice, I will appeal any other judicial determination. The
memorandum shall provide more detail, and information needed to grant this
Motion for lack of a complainant with an actual injury, or a valid international
contract in that has been breached, without one or the other I have not
broken any LAW.

II. LACK OF PROPER VENUE

The Argument on lack of subject-matter jurisdiction carries the same

principle of sufficiently making the reservation of rights. Also as having made
such reservation of those rights which prevent the loss of such rights by
application of concepts of waiver or estoppel. The remedy was getting out
from under the current law, the recourse is being back under Common Law
or the Laws of the Land, the United States Constitution.

Therefore, the state, in which only exists on paper and is an entity,

cannot be a real complainant bringing a complaint occurring from an actual
injury. No complainant and no valid international contract in evidence with a
showing a breach of contract, the venue thereby lacks being proper.

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