Free Response in Opposition to Motion - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
CARLOS A. PONELL (CHARLES) }
Plaintiff g Case No: CIV 03-1819-PHX-JAT
l
C. Jiles, et al. g
Dsisndsm g Egiigivlltgmiléii.POW “”“°
COUNTY OF SAN BERNANDINO ) l .
STATE OF CALIFORNIA g SS. ‘ B
I Charles (Carlos) Arthur Powell, being first duly sworn, and in a
stable state of mind and willing to testify depose and say the following:
I. That I am of the legal age of maturity, and I am the plaintiff
in this case.
2. I have met Mr. Earl R. Scalet, during August 2003, when he had
threatened me concerning assisting other inmates in drafting appeals to the
I.N.S., challenging the actions by Mr. Scalet (aka the fahricator).
3. On several occasions Mr. Scalet, had told other detainees that
he would get 'Powell', and that he knew ‘Powell' had doneithe draft in which I
the I.N.S. was challenged for practicing partiality of Jo;e Ibarra Garcia.
4. On November 6, 2003, Mr. Scalet personally threatened Powell as
to file a claim alleging that he is the alias, used during 1967, while e-
vading the Hillsborough County Sheriff's Office. i
. 5. Scalet at that point charged Powell, and hadgbrought his "personal“
friend as a back-up because he knew that Powell had filedgthe civil suit now
pending in this court. Scalet had personally told Powell that he had been served
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i with the summons on the case, and that he would not speak with Powell to
plaintiff, concerning anything about the case because we were in court.
6. Powell had complied with every Court order, whith he received
through the mail. Powell did not receive full orders eachland every time
as the mail from the Court Clerk were not in compliance with the required
standards in 28 C.F.R. § 543, dealing with Special Mail. Therefore some of l
the orders were lost or mis-placed by staff. `
7. Scalet was served by plaintiff Powell, at the only address known
to Powell, The Eloy Detention Center 1705 E. Hanna Rd., Dloy, Arizona. I had
never requested that Scalet be served in Phoenix's Department of Homeland -
Security’s Office. Because Powell had no Idea that Scalet was an employee of
Homeland Security at the time.
8. Powell had served and returned all the documents which were forward
by the U.S. District Court, according to their order. Each Amended Complaint
the Judge would order the amount of documents which would be forwarded to the
Plaintiff for service. (see each order to amend). The last Version of these
amendments was dated September 22, 2005, at which time even the Court allowed
for the U.S.Assistant District Attorney and Attorney General to be served, as
it was not aware that Scalet was an actual Federal Employee.
9. when the incident of this.case occurred, Powell was not involved with
the I.N.S., nor was there any holds, detainers, or invesligations. (prior to
the retaliatory efforts by Scalet).
I0. Powell reiterates all the facts and claims both in the Original, First,
Second, and Re-vised Second Amended Complaint, to include the affidavits and the
declarations.
2.
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' 11. Powell is a United States Citizen, and that because of Scalet's
actions Powell was sanctioned and had to await to providegevidence that he
was not the alia he alleged, and created the belief Powell was althought Mr.
Alonso, the paternal parent of the deceased Raul Ernesto Alonso, had sworn
that he did not recognize the individual Scalet had present. Scalet continued
to insist until he created the illusion for George Alonso, a victim of Raul
Alonso, gave a declaration that he had not seen nor had cdntact for 30 years,
but that he ..could identify by a 4x5 photo mug-shot the derson.
12. Powell reiterates the fact that this is irrevelent to the present
case, and was submitted by Scalet, along with his irrelevJnt promotions, and
assignments, as je s or impressional inserts to ascertain omnipotence.
Fufll nau ; -
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—· ·.· ¤:"‘arlos ·rthur Powell ‘
Before me thisigflday of June 2006, personally appeared Charles Powell
who is personally known to me or produced a photo Identification from the U.S.
Jus 'ce D partment, and did take an oath as to these matters.
I Notary Public St te of California i eE§$g R`
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My Commission expires: $’&"'CP 2 ·
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3. _
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