Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,

Defendant.

No. CR-95-01, 02, 05

To the Honorable Judge of Said Court:

COMES NOW Douglas Dry, Defendant in the above styled and numbered cause, by and through his attorney of record, Scott Kayla Morrison, and moves the Court to dismiss the pending Motion for Disqualification of Trial the Court, and in support thereof will show the Court as follows:

Upon review of the 1983 Constitution of the Choctaw Nation, it is clear that Chief Hollis Roberts would appoint any and all judges to the bench of this Court. The justice system is inherently biased, regardless of who sits on the bench.

Since Chief Roberts would be appointing any replacement in the event Judge James Wolfe recused himself, it would cause greater concern for defendant, given the fact of Chief Roberts current pending federal criminal charges, of who Chief Roberts would appoint to replace Judge Wolfe.

WHEREFORE, PREMISES CONSIDERED, the Defendant prays that the Court withdraws the Motion for Disqualification of Trial Judge currently pending before this court.

Certificate of Service

I cerrtify that I personally mailed by first- class mail the above and foregoing Motion to Withdraw Motion to Disqualify Judge to Judge James Wolfe, and Robert L. Rabon, on this 23rd day of January, 1996.