UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

Shakti Patriot                        )
                                      )
                                      )     CASE NUMBER: MC-05
      PETITIONER                      )
                                      )
                                      )
   V.                                 )
                                      )
The United States, Wells Fargo Bank,  ) OPPOSITION TO MOTION TO DISMISS OR, IN THE 
Bank of America, Northwest Bank       ) ALTERNATIVE, FOR SUMMARY JUDGMENT
                                      )
     RESPONDENTS                      )

Plaintiff Shakti Patriot pursuant to the Special Procedures for Third Party Summonses Act, 26 USC § 7609, hereby files this OPPOSITION TO MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT to halt the above named third party record keepers from revealing Petitioner's private records to the Internal Revenue Service, and to quash the summonses. The Plaintiff/Petitioner respectfully moves this Court to disregard**** the above action. The grounds for this motion, as more fully set forth in the memorandum of law submitted herewith, are as follows:

1. This Court has subject matter jurisdiction over this action. Petitioner protests their giving any information to anyone in violation of Petitioners 4^th, 5^th, 9^th and 10^th amendment rights, and has proceeded to Petition To Quash three IRS summonses. Therefore, Petitioner did give timely notice.

2. The Court has subject matter jurisdiction over this action to the extent that the third party record keepers are registered and doing business in the court’s area of jurisdiction and the Petition To Quash should not be dismissed for lack of subject matter jurisdiction because it challenges a branch office.

3. Assistant U.S. Attorney Cynthia Weisman and IRS Agent Steve Cordova are proper parties to this action. Attorney Cynthia Weisman was referenced by the Clerk of the Court to accept service. “?” was not referenced by the clerk of the court and the motion is an attempt to escape responsibility for handling the case. Steve Cordova initiated the action of pocket summons to violate Petitioners Constitutional 4^th and 5^th amendment rights. Weisman nor Cordova should be dismissed as parties to this action.

WHEREFORE, the Petitioner Shakti Patriot, respectfully requests that the Petition To Quash Summons be honored for subject matter jurisdiction.

CERTIFICATE OF SERVICE: I hereby certify that on or about the above date a copy of this affidavit was mailed to opposing parties.

Date: April 28, 2005

_______________________________
Petitioner, pro se Shakti Patriot
Address: