Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,

Defendant.

No. CR-95-01, 05

Comes now the defendant, Douglas G. Dry, and withdraws subpoenas issued on January 24, 1997, to James Fields, Vernon McCarty, and Charles Babst, Jr., and for his reasons, affirms and states:

1. The Bureau of Indian Affairs (BIA) has taken the position that this Court does not have jurisdiction over Bureau and Solicitor employees, apparently for any purpose.

2. For defendant to challenge this position, it would require time, energy and financial resources. With this defense and other actions currently pending involving defendant, the BIA, and the Choctaw Nation, defendant is without current resources to mount the defense required to take this issue to the Tenth Circuit Court of Appeals.

3. The BIA is of the opinion that discovery in a criminal matter is immaterial, and the rights of defendant in this matter is insignificant and unimportant.

4. The BIA will not cooperate with the defense, except in a limited Freedom of Information Act request, in providing meaningful discovery.

5. It is obvious to defense that, based on this decision and others, the BIA is actively and passionately committed to violating the rights of defendant.

6. It is obvious to defense that the BIA, by establishing and funding this court and law enforcement, is actively, passionately and without reservation, conspiring with the current administration to violate the civil rights of defendant by ignoring any meaningful due process.

Wherefore, defendant, Douglas Dry, withdraws subpoenas issued to James Fields, Vernon McCarty, and Charles Babst, Jr., for the above reasons.

Respectfully submitted,

I certify that I hand-delivered the above and foregoing Withdrawal Without Prejudice of Subpoenas, to Robert L. Rabon, Rabon, Wolfe, and Rabon, Post office Box 726, Hugo, OK 74743, on this 5th day of March, 1997.