In the United States and in many other countries a person has a basic right to simply resign from any church or religious organization, no matter what the church says about what you need to do to 'remove your name from the records'.  Here at Exmormon.org we recommend http://www.MormonNoMore.com  for up-to-date information on how to resign from the Mormon church:   Mormon No More has a sample letter that you can use as your resignation, or you can write your own letter.

You become a NON member the minute a church representative receives your formal resignation.  They have no right to treat you as a member after you resign and they certainly have no right to initiate 'disciplinary action' against you, no matter what 'sins' they believe you have committed.  Even if they ALREADY initiated disciplinary actions against you, you have a right to resign from the church and halt the proceedings.   As we said above, we recommend MormonNoMore.com.  That site is specifically designed and kept current with policies regarding name removal.