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In the Circuit Court of Pocahontas County, West Virginia

Pocahontas County Solid Waste Authority, Plaintiff

Vs.

David Allen et als Civil Action # 07-C-30(P) 9 July, 2007

Motion to Dismiss #2 Plaintiff fails to specify Remedy

Now comes John Leyzorek, Defendant Pro Se, and respectfully moves that the instant Complaint be dismissed with prejudice, because the Plaintiff seeks to make the Court party to its proposed abuse of the Court and of the Defendants by asking it for an unlimited “hunting license” to pursue unspecified sums of money from the Defendants.

The Sixth Amendment to the U.S. Constitution, and Article III-14 of the West Virginia Constitution recognize and guarantee any defendant’s right to know the charges against him, and no element of a charge can be more important than its gravity, which in the case of a monetary demand, is the amount claimed.

The means used by the Plaintiff for calculating the sums allegedly owed are also matters of dispute, as well as the regulations or laws under which the debt is alleged. Plaintiff’s failure to specify in the Complaint the sums allegedly owed is also a subterfuge by the Plaintiff to trick the Court into granting a seeming of legitimacy to the entirety of claims which require detailed scrutiny.

On these bases the Plaintiff’s instant suit is fatally defective, and should be dismissed, and with prejudice because of its repugnant attempts to deceive the Court and violate the rights of the Defendants.

John Leyzorek, pro se defendant is not an attorney, and recognizes and admits his ignorance of many fine points of law and procedure, but respectfully asserts an understanding of the principles of justice and of his rights and of the merit of his defense against the claims of the SWA.

He respectfully demands as his right recognized in Cottrell v Cottrell, Bush v Hammer, and others, the indulgence and assistance of this honorable Court, wherever his research or his knowledge of procedure may be deficient but he attempts in good faith to make a valid point or to assert a right, or wherever a valid defense or a right exists of which he is ignorant.

He reserves the right to edit this filing to correct errors or add supporting material.