Free Objection - District Court of Arizona - Arizona

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Charles {Carlos) Arthur Powell 1
#10090-023 D/U325 DEC Q 2 guns
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In Propia Persona: .i.Ni. 1.
EUNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Carlos Arthur Powell, CCIV 03~1819—PHX-JAT(LOA)
Plaintiff, Hon: James A.Teilburg,
Judge:
V' n PLAINTIFF’S OBJECTION TO CORA MILES
C. MILES, et al., NOTICE OF SUBMISSION OF AFFIDAVIT/
AND NOTICE TO THE COURT THAT MILES
Defendants. FAILED TO SERVE COPY OF AFFIDAVIT.

COMES NOW, the plaintiff,Carlos Arthur Powell, and respectfully
submits his Objection to Notice of Submission of Affidavit of Cora Miles
dated November 21st, 2005, and Notices the Court that Miles failed to
serve copy of Affidavit to Plaintiff, as grounds for this Objection,
petitioner states:
l. Defense counsel knows that by rules and policies, any document
filed for the Court to review must be served on counsel for the plain-
tiff, in this case, propia persona litigating.
2. Defense has on numerous occasions alleged that the plaintiff
failed to furnish motions, however, the plaintiff is incarcerated, under
direct control of the Defense Counsel's clients. In the instant matter,
Cora Miles is not incarcerated, and in complete control of her actions
and the actions of counsel.
1.
Case 2:03-cv-01819-JAT Document 147 Filed 12/O2/2005 Page 1 of 2

3. Defense has failed to serve any affidavit upon the plain—
tiff, and alleges notice of filing said. Plaintiff again states that
he has not received any affidavit from Miles, and that without the
right to review objects to the contents of the prejudicial document,
and requests that the said document be rejected.
4. This Court had ordered that the plaintiff file a Second Amen-
ded Complaint, detailing the two Does, by their names. That the Court
also ordered defense counsel to forward the address of Earl R.Scalet
i ) so that he may beaserved for the Third_time. wfiw ` dvd! "-d' ""d`f
5. Plaintiff has to await service of the Complaint by the Marshal
before he can file for discovery, in that Counsel will just simply ignore
discovery request stating that the parties are not served. Thus the said
Affidavit from Miles is premature and has no relevence to the New 2nd
Amended Complaint.
WHEREFORE, for the following facts and authorities,the plaintiff
moves the Court to reject the proposed Notice of Submission of Affidavit
of Cora Miles, asboth untimely and in conflict with this Court's order
to file second amended complaint,which has not yet been served.
Moreover, any other relief this Court finds fit to grant under the
circumstance. ’f_ `
Re c l su i ted,
“ o rt Powel
CERTIFICATE OF SERVICE:
I hereby certify that a copy of the foregoing has been furnished to:
Timothy J. Bojanowski, 2901 N. Central Av. Ste # , Phx, AZ 85012
via U.S. Mail this 26, day of November 2005. _
2.
Case 2:03-cv-01819-JAT Document147 Filed 12/O2/2005 Page20f2

Case 2:03-cv-01819-JAT

Document 147

Filed 12/02/2005

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Case 2:03-cv-01819-JAT

Document 147

Filed 12/02/2005

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