Free Motion for Sanctions - District Court of Arizona - Arizona

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· ____ FILED LODGE;-_'
1 Charles (Carlos) Arthur Powell _w_RECEVED _ _GOPY
# 10090-023 D/U 325
2 FCI-1 Victorville DEQ 12 Zmm
_ P.O. Box # 5300
3 Adelanto , CA 92301-5300 CLERK u E onsmeoi scum
DDTMCIOFAEQONA
4 I BYm+x_im_m___,§ _r__ ____ DEPUTY;
5 gg Empia persona: .,_, ,1,g,,§jj_jj*jQ,)*§%@j[¥f°*’ER*`°,;*'i**li)A¤’°P,,,mm§ E
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7 I UNITED sTA·I§s*= COURT
8 FOR THE DIS'I'RICT` OF ARIZONA
9 CARLOS ARTHUR POWELL, l CIV 03-1819 PHX-JAT{LOA)
10 Plaintiff, - Hon: James A. Teilborg
I `l`| v_ ,
12 c. MILES, et ai., I
13 Defendants.
14
15 PLAINTIFF‘S MOTION FOR LEAVE TO FILE FOR SANCTION
OR IN THE ALTERNATIVE, COURT ORDER FOR‘COST DUE TO JACQUE HAHN
16 NON-PARTY INTENTIONALLY AND KNOWINGLY OBSTRUCTING JUSTICE
_1? »COMES NOW, the plaintiff Carlos Arthur Powell, pro-se and
18 respectfully files his 'Motion for Leave to File for Sanction or in
19 the Alternative, Court Order for Cost due to Jacgue Hahn, non-party
20 Intentionally and Knowingly obstructing Justicei, for grounds to
21 requestithis unusual relief will state:
22 1.) Plaintiff had file the case, which is before the court
23 during his time in SHU, Eloy Detention Center. That case was ordered
24 to be served by the marshalls, and the marshalls had secured the de-
‘ 25 fendants addresses, and served by certified mail.
26 2.) Upon the certified letter being processed, the marshall
gy had re-addressed the item to the erroneous address, which was another
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I Case 2:03-cv-01819-JAT Document 148 Filed 12/12/2005 Page 1 of 4 I

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1 Department with the Homeland Security, Department of Justice. The
2 certified mail was addressed to the Defendants, at no time was it
3 addressed to Jacque Hahn, or to anyone that Jacque Hahn had been
4 given authority to accept service for nor anyone that worked at the
5 Department where Jacque Hahn worked.
p 6 3.) Jacque Hahn knew that the certified mail was not address
7 to him, or anyone that was employed at Homeland Security Division of
8 Immigration and Customs Enforcement. Therefore,there was nothing in
9 or on the certified letter which gave Jacque Hahn the illusion he
TU was authroized to take service.
l Tl 4.) The plaintiff further states that the U.S. Mail is a fe-
12 deral matter, to accept or to abuse that mail is a federal violation
13 punishable by a fine and/or imprisonment. Jacque Hahn is not immune
14 to the law, and his impedement caused the plaintiff harm. _
15 5.) Plaintiff was led to believe that the defendant "Stella
16/ Ponce" had been served, because even after illegally accepting the I
17 service, Mr.Hahn did not contact the Federal Marshalls and inform of
18 the mistake of service, if there was such a mistake. In fact, Hahn
19 had allowed, knowingly, that service to issue, and wantonly, knowing-
20 ly, with deceptive intention, failed to notify the Clerk or the fede-
21 ral marshalls so the error could have been timely corrected.
22 6.) The magistrate had ofcourse, immediatedly sanctioned the
23 incarcerated individual plaintiff, and granted relief for the defen-
24 ants in this matter, the District Judge had to intervene on this a-
25 use of discretion being exercised by the magistrate. Defense Counsel
26 new, however, that the service had been erroneously misdirected, and
2y failed to contact the clerk or the Court. When an act is blatantly
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Case 2:03-cv-01819-JAT Document 148 Fnled 12/12/2005 Page 2 of 4

1 and obvouiously done to impede or obstruct justice, that is not in
2 any way considered strategy of defense. Ofcourse, had it been an
3 inmate that took delivery of a certified letter, and impeded or had
4 obstruct defense counsel from serving a warrant or complaint, that
5 inmate would have a charge of obstructing justice, and would be in
U 6 all probability, sanctioned. Disparity does not fall in the purview
1 7 of professionalizm. (U.S. v. WHITE, 222 F. 3d 363 (7th Cir.2000).
8 In that specific case the Court decided:
9 0'The government has a special responsibility
to ensure the integrity of the judicial process
10 by living up to the ggde of professional ethics
and fair play at all times.' ....... . ...........
H
I 12 In the case sub judice, Jacque Hahn, an employee of a comp-
13 letely different Division, accepted for a contract employee, service
14 which no he states he had no authority to accept, nor did he know the l
15 defendant. However, Jacque Hahn knew that he illegally accepted the
16 certified mail, but he did not attempt to professionally or ethically
_17 correct his erroneous and or intentional deception even when he knew
1B that accepting that service denied the plaintiff and the Court of its
19 subject matter jurisdiction. This abuse could hardly be accidental
gg and the refusal to correct the deception resulted in the plaintiff
21 being prejudiced, and the Court to waste further time and efforts.
22 Jacque Hahn, knowingly and maliciously accepted service, and
23 once service was accepted, used unprofessional tactics to decieve the
24 plaintiff, Court and marshalls so asto prejudice the plaintiff and
25 deprive plaintiff of his day in court. For the foregoing authorities
26 and reasoning facts, the plaintiff now requests the following relief:
27 RELIEF REQUESTED:
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IH l.)That the Court sanction the individual Jacque Hahn, non-
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zgparty, who accepted the service knowing and intentionally decieved
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3Hthe marshalls forpurpose of personal gain or for the gain of others
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41{while depriving the plaintiff of his day in court. The sanction should
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5§}be consistant with a fine and cost originally caused by the deception.
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T 6H 2.) That Jacque Hahn be-made give reasons why he accepted a
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7}Ecertified letter/service for Stella Ponce, that is not an Employee
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8} for the federal government, and has no tieswith Homeland Security but
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9}}is an employee of the Corrections Corporation of America,a private
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IOE entity. _
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ll} 3.) That Jacque Hahn be ordered to re-pay plaintiff‘s cost
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123 of having to reserve and mail the complaint, postage, and zeroxing
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13H the complaint. Jacque Hahn has literally obstructed justice knowingly
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14E and maliciously deprieved plaintiff from early resolution.
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15H 4.) In the alternative, the plaintiff moves for the Court to
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16H file this Motion into the records, for possible appeal, and any other
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ITH relief this Court may find fit to grant due to this violation.
18 1}
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19H Dated this 14th November 2005.
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20 submitted, W ____
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21}} y ,gg§@%;y’€’
K arlos Arthur Powell
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23* CERTIFICATE OF SERVICE:
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24H _ I HEREBY certify that a copy of this motion for sanctions
E has been furnished to : Timothy J.Bojanowski,bar # 022126 at 2901
25M N.Central Av.Ste # 800, Phoenix, AZ 85012 and J.·• - Hahn,c/o Dept.
“ Homeland Security, ICE, 1705 Hanna Rd, (Eloy D: mn Center) INS
u _ _
26}} Courthouse, Eloy, AZ. via U.S. MAIL thi emb 2005
1 2,11 1 E " T
H · arlos Powell
I 281;
1
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