Free Statement - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Timothy J. Bojanowski , #022126 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-7323 Facsimile No.: (602) 200-7811 E-Mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Carlos Arthur Powell

10 Plaintiff, 11 12 13 14 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 Defendants Cora Miles, v. F. Garcia (Asst. Warden) C. Miles (Unit Manager/Bravo) E. Scalet (Ins. Inv.) Todd Mohn (DHO Hearing Officer)

CIV 03-1819 PHX-JAT (LOA) SUPPLEMENTAL STATEMENT OF FACTS IN SUPPORT OF DEFENDANTS CORA MILES , JOE GLUCH, STELLA PONCE, SEFERINO TALAMANTES AND TIMOTHY CASON'S MOTION FOR SUMMARY JUDGMENT

Joe

Gluch,

Stella

Ponce,

Seferino Talamantes, and Timothy Cason (hereinafter Defendants) through undersigned counsel, and pursuant to Rule 56.1, Rules of Practice of the United States District Court for the District of Arizona, hereby submit the following Supplemental Statement of Facts in Support of Their Motion for Sum mary Judgment. These facts are assumed to be true for the purpose of this Motion only. 44. Powell was initially placed in the Special Housing Unit

because an investigation was initiated concerning allegations that Powell was selling his legal work to other inmates. (Plaintiff's deposition pp. 40, 58-59, attached at Exhibit 1).

Case 2:03-cv-01819-JAT

Document 177

Filed 03/21/2006

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45.

On September 7, 2003, Powell was to be released from

SHU but was held there due to a threat report issued by Powell's work supervisor. The report was based on a comment by Ibbara that it would not be safe for Powell to come out of the SHU into general population. (Plaintiff's deposition, pp. 50, 62-65). DATED this 21 st day of March 2006. J ONES, S KELTON & H OCHULI, P.L.C.

By s/Timothy J. Bojanowski Daniel P. Struck Tim othy J. Bojanowski 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants ORIGINAL of the foregoing electronically filed this 21 st day of March 2006, with: Richard W eare, Clerk U NITED S TATES D ISTRICT C OURT COPY of the foregoing mailed this 21 st day March 2006, to: The Honorable James A. Teilborg U NITED S TATES D ISTRICT C OURT Sandra Day O'Connor U.S. Courthouse, Suite 523 401 W est Washington, SPC 51 Phoenix, Arizona 85003-2154 COPY of the foregoing faxed this 21 st day March 2006, to: Office of the Pro Se Staff Attorney 602-322-7289

2 Case 2:03-cv-01819-JAT Document 177 Filed 03/21/2006 Page 2 of 3

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COPY of the foregoing mailed this 21 st day of March 2006, to: Carlos Powell, #10090-023 D/U 325 FCI-1 V ICTORVILLE P. O. Box 5300 Adelanto, California 92301-5300 Plaintiff Pro Se

s/Dianne Clark 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1604280_1

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Case 2:03-cv-01819-JAT