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___RECEVED *__COFY
Charles (Carlos) Arthur Powell
# lUO90~023 D/U MAR
Federal Correctional Institution °'72UU6
Victorville Medium # 1 CLERK U S DISTRICT COURT
P . 0 . Box 1% 500 unsmacr DF AHIZGNA
Aaaianta, cz-I 92301-5300 1 I , 0,0,. I 0 B" .0.00 .. ¤¤F’UTY
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I IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF ARIZONA
CARLOS ARTHUR POWELL, crv 03-1819 1>Hx-—JA·1·(L0A) 0
Plaintiff Hon: James A. Teilborg, Judge
I
v.
C. MILES, et al., ‘
Defendants. .
MOTION FOR COURT ORDER TO SERVE EARL R. SCALET, OR IN
THE ALTERNATIVE, THAT THE COURT ORDER SCALET SERVED BY
COURT ACCEPTING SERVICE WAS MADE BY JACQUE HAHN, AS AN
‘ AUTHORIZED AUTHORITY TO ACCEPT SERVE FOR INS! AGENTS.
Plaintiff, Carlos A. Powell pro-se, now files to
the Honorable Court a Motion for the Court order to serve 1
Earl R. Scalet, or in the alternative, that Court order Scalet
served by Court accepting service was made by Jacque Hahn,
as an authorized authority to accept servive for INS/agents, and
for grounds atates:
1.} The plaintiff is pro-se and under forma pauperis, as
such the U.S. Federal Marshals Office were obligated to serve the
complaint, summons and other papers to the defendants.
2.) Court had made a specific order, that if the defendants
did not accept waiver of service, that the Marshals would personally
Case 2·O3—cv-O1 81 9 JAT (1 J ·
- — Document 173 Fnled O3/O7/2006 Page 1 of 4
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serve the defendants. However, the Marshals' office had mailed the
complaint and summons through certified mail, which was accepted by
the authorized person to accept service for the agents of Department
of Homeland Security, Division of Immigration and Customs Enforcement
Services.
3.) Scalet, acknowledged being aware of the action, and had
stated to plaintiff that he would not have anything further to say,
as we had a case in the court. (see exh. A).
4.) Plaintiff had filed his timely motion for entry of default,
because the defendant had failed to respond, or rather the entity had
failed to respond to the accusations against Earl R. Scalet. This Court
then denied the Motion for Default, although it knew that Jacque Hahns
is the official authority to accept service for INS, agents and DHS,
serve.
Court maintains that Scalet has not been served, and therefore
the plaintiff has to suffer, because Scalet has manipulated means to
avoid service. However, the United States Supreme Court has recently
ruled:
.... " F.B.I.’s notice to prisoner by certified
mail addressed to prisoner, care of his prison
held to satisfy due process service."
Dusenbery v. U.S., 534 U.S. 161, 151 L.Ed 2d 597, 122 S.Ct 694 (2002).
In the case sup judice, the plaintiff rendered the proper address, the
service was done on Jacque Hahn, authorized to accept service for the
DHS/ICE, and thus the service was completed.
This Tribunal had re—ordered the marsha1's office to locate
personal service, once the defendants released the address
Case 2:03-cv-01819-JAT Document 173 Filed O3/O7/2006 Page 2 of 4
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which was to be sealed. The plaintiff has alleged that the marshals
have served the defendant, Earl R. Scalet, during the First Amend-
ment Complaint, and Second Amended Complaint through Jacque Hahn,
who is an authorized person to accept service for Department of
Homeland security, Immigration and Customs Enforcement Division at
Immigration Annex Complex located at Eloy Detention Center.
Moreover, the Defendant had acknowledge notice of the case,
and that could only be due to being served. The defendant knowingly
and intentionally has made himself scarse, so that he would not have
to answer, and that constitutes obstruction.
Since Earl R. Scalet was infact employed by the ICE, that
agency would know his location. If he is still employed by that agency
the marshals should and could locate that defendant.
Plaintiff avers that Scalet is the object of this violation,
and conveniently, the marshals failed to serve even in direct conflict
with this Court's ordered instructions.
Thus since the defendant had made it known to the plaintiff
through public record document (Request) that he was aware of the
law—suit, and would not communicate further with the plaintiff due
to that knowledge, this Court must conclude that service was made
through Jacque Hahn.
In the alternative, suppose that Jacque Hahn did not have the
authority to accept service for the Dept. of Homeland Security, and
yet did take that service, the foundation of security, would be and
could be breached, for that very reason this Court needs to address
the position of Jacque Hahn, and did he accept service for Scalet.
WHEREFORE, plaintiff moves this Court for an Order to Serve
Earl R. Scalet, or alternatively, that the Court order Scalet has
{3 . l
Case 2:03-cv-01819-JAT Document 173 Filed O3/O7/2006 Page 3 of 4
been served through authorized personnel, and file default, or
that Jacque Hahn be sanctioned for accepting illegal service
with an order that Jacque Hahn produce the address for the Home
land Security, Immigration and Customs Enforcement Counsel, so
that they may be served for Scalet, and any other relief this Court
may find fit under these extraordinary circumstances.
Done this Zig day of February 2006.
I }
( tted,
me v ’ ~
‘ "'€€’
Charles (Carlos) Powell
ORIGINAL, and one co furnished
by U.S. Mail, this Zigday of February 2006, to:
U.S. District Court Clerk,
1400 U.S. Courthouse
230 N. First Ave.
Phoenix, Az. 85025
copy on even day to :
Timothy J. Bojanowski, esq.
2901 ~· »·_Central Av. Ste # 800
Pho=nix, AZ 85012 ..___
` I X
AIP I
"*$$@’"es (Carlos) Powell
1 (
(4.)
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