Albert L. Peia, Pro Se

P.O. Box 862156

Los Angeles, CA 90086



                              UNITED STATES DISTRICT COURT

                                    DISTRICT OF CONNECTICUT


     Albert  L. Peia,                                              )

                                    Plaintiff                           )      CASE NO. 305cv00657(MRK)

                             -vs-                                          )

    Richard M. Coan, Timothy Miltenberger,  )

   Whitney Lewendon, Coan, Lewendon,         )

    Gulliver, and Miltenberger, LLC.,               )  

    John Doe Surety 1, John Doe Insurer 2,      )

    John Does 3 – 10,                                           ) 

                                     Defendants                     )


                                                              AMENDED NOTICE AND REQUEST TO WITHDRAW 

                                                        APPLICATION TO FILE RICO VERIFIED COMPLAINT

                                                                    AND  DEMAND FOR  JURY TRIAL AS MOOT;

                                                                 REQUEST FOR CRIMINAL REFERRAL OF THE

                                           DOCUMENTED FEDERAL AMONG OTHER CRIMES HEREIN. 




  1. I, Albert L. Peia,  am the plaintiff pro se in the within RICO action and respectfully request the Court herein to withdraw as moot the application for leave to file the RICO Verified Complaint, hereby amending the prior Notice and Request at paragraph 4 owing to plaintiff’s scrivener’s error regarding the date of closure of the bankruptcy case #95-51862 which is 10-20-04  (and which date had been correctly set forth in Supplemental Affidavit of Albert L. Peia dated May 2, 2005 and filed with this Court on May 4, 2005 which had been incorporated by reference in the prior Notice and Request).
  2. This application is set forth under penalty of perjury and in support hereof, in addition to the filed Verified Complaint under penalty of perjury, Affidavit, RICO Statement and Exhibits appended thereto, in support of the within request/application is the Supplemental Affidavit of Albert L. Peia, all of which are incorporated herein by reference thereto.
  3. It should be noted that at all times relevant hereto, defendant Coan et als have attempted to avoid process, jurisdiction, and accountability for their wrongfully culpable conduct, while concomitantly attempting to cover-up theirs and the criminal acts of others, in clear violation of  the apposite federal laws as set forth in the Verified Complaint, Affidavit, RICO Statement, Supplemental Affidavit, and filed herein.
  4. As set forth in the Supplemental Affidavit of Albert L. Peia dated May 2, 2005 and filed with this Court on May 4, 2005, unbeknownst to me the Chapter 7 bankruptcy Case No. 95-51862 had been closed on October 20, 2004.
  5. As such, as of that point in time evidencing an intent not to cure the substantial damages caused to me by defendants’ illegal, wrongful, and culpable conduct while concomitantly benefiting RICO co-conspirators/other culpable parties, the damages/causes of action have ripened/crystallized with insurance/surety coverages also applicable as of said date.
  6. This application is made in good faith, cognizant of judicial economy, and in the paramount judicial interests of truth and justice, and with apologies to the Court for any inconvenience caused by the within Amended Notice and Request, there being no prejudice to any party hereby.







                                                           Albert L. Peia, Plaintiff/Affiant

 Dated:   May 16, 2005













                                        CERTIFICATE OF SERVICE


   I, Albert L. Peia, Plaintiff Pro Se in the within matter, do hereby certify

that copies of the within Amended Notice/Request/Application, has been served by

regular first class U.S. mail, postage prepaid, on this _____ day of May, 2005, upon the following: 


                                Richard M. Coan,

                                Timothy Miltenberger, 

                                Whitney Lewendon,

                                Coan, Lewendon, Gulliver, and Miltenberger, LLC.,



At:  495 Orange St.

       New Haven, Connecticut 06511



Dated: May 16, 2005                       Signed: _________________________________

                                                                             Albert L. Peia, Plaintiff Pro Se