Free Objection - District Court of Arizona - Arizona

TIIIS DOCUMENT IS NOT IN PROPER FORM
A,§_C_ORDING TO FEDERAL ANDIOR LOCAL RULES
AND PRXCTICES AND IS SUBJECT TO REIECTION ___ FILED LODGED
BY IHE LOUR T. ,\ _—_ RECEIVED _k COPY
REFERENCE; % IESIXSI I SEP 1
““ umbws mq STATES DISTELICT cnr 4 EDGE
CLERK U S DISTRICT COURT
DISTRICT OF ARIZONA
FOR TI-TE DIS'I'RICI' OF ARIZONA mihj DEBQIX
ALBERT DELEON, )
Plaintiff, 0
V_ ) NO:CV- -0446-·P}D{—PGR—(MS}
PLAIN‘I'IFF'S OBIEICTION *10
DORA SCHIRIRO, MAGISTRATE JUDGES TION.
Defefndant's, )
Comes plaintiff, and pursuant to F.R.C.P. 28 U.S.C. 636{b)(1) and Rule 72
6(a) and 6 [ e) , hereby files this objection to Magistrate Judge Morton Sitvers
Recamendation, dated August 31st, 2005, and states the following grouhis
why p1aintiff's request to take leave and file supplemental pleading should
be granted.
Repcml °"‘·\ p‘“*°'“'“°*’°b°‘i’i°*' I°‘I IRQ (-<>¤Rl` ¤I¤+<‘-A 8/3405 was sngnad cm]
RQLIQUQJ Lay PLGINHPF ON cf} 7/05.
RESPECTFULLY S THIS 10th DAY OF TI-[EI 9th MONTH,2005
1
Plaintiff.
BY__
mm 143629
Lega Advocate for
Plaintiff.
Case 2:O4—cv-OO446—JAT Document 163 Filed O9/14»%2

GROUNDS FOR RELIEF.
"Plaintiff Deleon filed with this Court a Civil rights action pursuant to
§‘F 983. Del een is Pro-Se, and the original Complaint, as well as Amended
Complaint were Authored by another inmate for plaintiff.
"Deleon is a "Fiiwctional Illiterate" and has no knowledge of the Law,
Plaintiff came to this Author and asked for assistance as per D.O. 902 Policy
Paralegals are prohibited from any further assistance than helping a inmate
fill in the blanks on forms DOC provides, This writer perused plaintiff 's
discovery materials and took notice that after plaintiff was deprived of
his Medical Prostetic devices plaintiff then began having lower back trouble.
This writer] Advocate after asking questions about plaintiff's condition
knew that the "Herniated Disc's" in plaintiff ‘s lower back were a direct
result of seizure of prostetic devices. n
Plaintiff had no knowledge of this fact untill July 05. Advocate knowing
if plaintiff did n.ot raise this issue now, it would be waived ergo so advised
plaintiff to do so. Plaintiff can not on his own articulate nor form any
Legal arguments, nor file any pleading's on his own, and this Court should
take notice of this fact. In the interest of justice this Court is Pleaded
to allow supplemental pleading to go forward, as it is clearly a "oolorable"
claim and has merit, to deny this is a denial of the basis core of justice
as well. as puuLshing a. Pro-Se inmate for his Educational short coming's and
allowing ADOC to use to their advantage removal. of Law library, and Legal
assistance.
The Court should grant leave in a libiral manner when it serves justice.
Lopez V. Smith, 203 F.3d.1‘122,1127,—2999th.Ci.r.2000 )(en banc) The Courts
can not instruct in how to cure defects, or omissions. Plier V. Ford 124
S.Ct. 2441,2446(20040 See. Lopez,203 F.3d.@1131,n.‘T3 V
Here before this Court is a colorable claim and if _,,_ ht for the lack of Legal
assistance by ADOC, and removal of Law libraicy and disbandment of Legal aid
Case 2:O4—cv-OO446—JAT Document 163 Filed O9/14/2005 Page 2 of 3

via inmate Legal. assistants this fai lure to add this action via second Amended
Complaint would not have so taken place. To pupfgsh plaintiff for failure
to correct Complaint is contrary to justice, and fain: play.
RELIEIF SOUCHT.
IT IS `PRAYED SUPPLEMENTAL PLEADING GO FORHT IN THIS CAUSE.
CERTIFI<‘A'I'E OF SERVICE
A true copy of the aforegoing was done and completed this ‘|0th day of the
9th month, 2005
The Recamendation was not received untill the jill day of the 9th month. This
pleading was mailed out via ADOC Legal Mail on the 12th, Monday am.
*:0:
1. Clerk of the U.S.D.C. . BY E.
401 W. Washington St. FIB-1Ul'-1 .
PI-DC, AZ 85003 n
2. Susana C. Pineda Esq. .
1275 W washington St.
PI·D€,?-KZ 85007
3. File.
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