Comes now respondent Joel Wray Kirk and moves this Honorable Court, to continue the hearing entered by the clerk on Sept 28th 2012, heretofor set to begin Thursday, the 4thDay of October, 2012 at 9am for the following reasons:
1. Respondent was served with notice of hearing on 1 Oct 2012 after normal business hours at his place of residence. The order issued at that time had a personal annotation by Judge Jackson that Mr. Kirk receive notice of the hearing as "he is currently self representing in this matter". Clearly, the Judge had no way to determine this statement as fact upon writing as Mr. Kirk was not even served the notice until 3 days later. The statement that Mr. Kirk is "representing himself" on a matter that was documented into the court record on 28 September 2012 that he did not receive until 1 Oct 2012 is clearly inaccurate and presumptuous. Mr. Kirk has not had reasonable time to seek counsel on this matter that has been brought before the court and in no wise has informed the court of intent for Pro Se.
2. Multiple parties are addressed in the motion in addition to the Respondent. The motion as written, may potentially address issues that remain far removed from this courts jurisdiction and in fact may breach an issues of constitutional civil rights under the First Amendment of the United States Constitution, United States Section Code, the Constitution for the State of West Virginia, associated Bill of rights and Section Code.
3. That Respondent intends to apply for Writ of Prohibition to a higher court but was given inadequate notice to be afforded that opportunity.
4. That the Respondent will request the recusal of Judge Lori B. Jackson in this matter as the allegations made by the GAL directly accused the respondent of posting links that appear to be direct opinions of disdain for this a sitting Judge on this case.
Wherefore, the respondent prays that this court enter an order to continue allowing reasonable time for the accused to obtain proper counsel and documentation.