declaration in support of motion to extend time to answer summary judgment.doc

7/28/2019 DECLARATION IN SUPPORT OF MOTION TO EXTEND TIME TO ANSWER SUMMARY JUDGMENT.doc

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DECLARATION OF ROY WARDEN IN SUPPORT OF MOTIONTO EXTEND TIME TO FILE ANSWER TO SUMMARY

JUDGMENT

I Roy Warden, the Plaintiff in Warden v Miranda, 11-CV

00460 DCB BPV, appearing in forma pauperis, do herein declare,

swear and affirm, as follows:

1. I am the publisher of Arizona Common Sense, a political

newsletter sent to 1,200 members of the local bar, law

professors employed by the Rogers School of Law,

members of the local and national media, etc.,

2. Moreover; I am the Director of the Tucson Weekly Public

Forum and a member of the National Institute for CivilDiscourse.

3. Significant to the facts and legal issues set forth in this

case: for the past seven years I have been employed as

an unpaid political activist working on behalf of the people

of Pima County, bringing to public view Tucson City Open

Border Policy i.e., a specific, unwritten policy of Tucson

City Government to entice and invite, aid and abet, and

otherwise to encourage the illegal entry of impoverished

Mexican citizens for the purpose of economic and political

exploitation.

4. The City of Tucson1, in response to my activity as political

activist, has engaged in a pattern of retaliatory actions

1 Tucson City Officials are often assisted by radical Pro-Raza groups.Defendant Tucson City Manager Richard Miranda is a member of Chicanospor la Causa, a local group significantly involved in the economic and politicalexploitation of impoverished Mexican citizens. Please read:http://www.scribd.com/doc /132540357/WHY-I-BURNED-THE-MEXICAN-FLAG

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which continue even to the date of signing of this

Declaration in Support of Motion.

5. As a result of the retaliatory arrests and prosecutions,

which form the basis for this suit, I am absolutely indigent.

6. This means:

A. My total monthly income is $200.00 in food stamps.

B. I usually have a place to sleep in exchange for the

performance of gardening and custodial services.

C. Several times I have been homeless; I once resided for

several months in facilities provided by Primavera.

D.I spend a significant amount of time searching for any

gainful employment for the payment of at least

minimum wage.

E. My impoverished circumstances, caused by Defendant

City of Tucsons retaliatory actions, has placed

enormous pressures upon me, and those I live with,

resulting in continuing medical treatment.

F. I am often reduced to using computers provided by the

public library to compose and print the legal pleadingsin this case.

7. Additionally; I am presently engaged preparing oral

argument for an Appeal to Pima County Superior Court,

action #CR 20130747-001, where Tucson City Officials

have prosecuted me for four years and convicted me for

standing on the public square to challenge Defendants

Open Border Policy, in violation of a Transparently

Invalid Condition of Release Order which suspended my

First Amendment rights, in express violation of the law set

forth in Walker v Birmingham, 388 U.S. 307 (1967), Matter

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of Providence Journal Co., 820 F.2d 1342, 1343, State v

Chavez, 123 Ariz. 538 (1979), and A.R.S. 13-3967.

8. Additionally; my elderly father who resides in Santa Maria

California, is demonstrating clear signs of dementia, which

may require my presence in California within the next

several weeks to attend hearings.

9. And finally; immediately subsequent to a story I published

on April 02, 2013 in Arizona Common Sense regarding

Tucson City Councilman Steve Kozachik urinating in public,

Ive received a series of threatening and harassing phone

calls which will be the subject of a TPD investigation, as

TPD Lt. Wildblood # 34974 so informed me on April 04,

2012, and further investigation by federal authorities.

10. The stress created by these phone calls, some of which

were inspired by an ad taken out on Craigs List offering to

provide phone sex, has resulted in the complete

emotional breakdown of my common law wife, and her

resultant arrest on April 06, 2013.

11. Frankly; I am presently overwhelmed with the challenge ofeking out whatever meager living I can manage, dealing

with family issues created by intense stress consequent to

the numerous acts of first amendment retaliation engaged

in by Defendant Tucson City Officials, dealing with my

fathers possible commitment in California, educating

myself in legal procedure, researching the law, protecting

my family from continuing acts of first amendment

retaliation by Tucson City Officials, (which will be the basis

for an Supplemented Complaint in this case or a whole

new case filing), while at the same time preparing the

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documents necessary to answer Defendants Motion for

Summary Judgment.

CONCLUSION

Defendant Tucson City Officials enjoy enormous tactical ad-

vantages in this case, including, dozens of attorneys and

paralegals who work full time protecting Tucson City Officials

from the consequences of their Open Border Policy, all paid for

at taxpayer expense.

Here, its not a matter of David and Goliath revisited;

meeting face to face in a modern Court of Law.

Here, its a matter of David, hobbled by poverty, with one leg

broken, one eye gouged out, and one hand tied behind his back;

all conditions consequent to retaliatory acts committed by

Goliaths Cronies, who are the Defendants in this case, prior to

David even entering the arena.

Here, there is not even the remotest appearance of justice and

fair play.

In the interests of justice Plaintiff prays the Court to, at least in

part, equalize the scales of justice and to grant the relief soughtby Plaintiffs Motion to Extend Time.

____________________ _______________________ Date Roy Warden, Plaintiff

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State of ArizonaCounty of _____________

On this ____day of ____________________, 2013, before methe undersigned Notary Public, personally appeared Roy Warden,known to me to be the individual who executed the foregoinginstrument and acknowledged the same to be his free act anddeed.

My Commission Expires:_______________ ________________Notary

I hereby certify that on April 10, 2013, I served the attacheddocument by mail, and by email, on the following:

Viola Romero-WrightP.O. Box 27210Tucson, Arizona [email protected]

BY: _____________________Roy Warden, Plaintiff

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mailto:[email protected]:[email protected]

declaration in support of motion to extend time to answer summary judgment.doc

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