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Case 4:13-cv-00283-DCB-BPV Document 138-2 Filed 01/28/19 Page 1 of 4

Roy Warden, Publisher


Arizona Common Sense
6502 E. Golf Links Road #267
Tucson Arizona 85730
roywarden@hotmail.com
520 551-3496

UNITED STATES DISTRICT COURT


DISTRICT OF ARIZONA

ROY WARDEN, Case No. CIV 13-0283 TUC (BPV)

Plaintiff, In Forma Pauperis PLAINTIFF’S AFFIDAVIT DATED


JANUARY 28, 2019 IN SUPPORT
Vs OF NOTICE OF COMPLIANCE

ROBERT WALKUP, THE


CITY OF TUCSON, ETC. THE HON. BERNARDO VELAS-
CO

2 Now comes Plaintiff in forma pauperis, who, under penalty


3 of perjury, herein declares, swears and affirms as follows:
4

5 1. I am the Plaintiff in the above captioned action and


6 competent to testify on all matters of fact therein;
7 2. On January 15, 2019 I received the Court’s ruling on
8 my Motion to Extend Time, which challenged the ve-
9 racity of the medical reason I submitted to support my
10 request1 for additional time to prepare documents, etc.

1 COT Defendants did not challenge my Motion to Extend


Time or the reason why I sought relief.

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Case 4:13-cv-00283-DCB-BPV Document 138-2 Filed 01/28/19 Page 2 of 4

1 3. [Please note: On September 17, 2017, the Court grant-


2 ed Plaintiff’s Motion to Vacate the Scheduling Confer-
3 ence because of health issues which were causing him
4 difficulty in creating documents. (Doc. 66)]
5 4. It appears that the Court is overly concerned with the
6 length of time consumed by this litigation.
7 5. Plaintiff respectfully reminds the Court this combined
8 action was filed on April 25, 2013.
9 6. Thereafter; this combined action languished for five
10 years because U.S. District Court Judge David Bury,
11 assisted by U.S. Magistrate Court Judge Bernardo Ve-
12 lasco and acting at the behest of COT Defendants, cit-
13 ed “res judicata” and “failure to state a claim” as a fac-
14 tual basis for dismissing both actions.
15 7. The Court’s ruling was not an “error” in judgment or
16 law but a direct factual misrepresentation (aka “lie”)
17 made with the malicious intent to protect (1) Tucson
18 City Defendants, and (2) protect Tucson and Pima
19 County Open Border Policy, the fruits of which pro-
20 vide U.S. District Court judges, Magistrate judges, em-
21 ployees of the U District and the legal community,
22 with a lifetime of guaranteed employment prosecuting,
23 defending and adjudicating an endless supply of cases,
24 including rape, murder, human trafficking, child sex-
25 slavery, etc.
26 8. Therefore; when it comes to “time” wasted due to the
27 intentional misrepresentations made by this Court,
28 Plaintiff is the aggrieved party.

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Case 4:13-cv-00283-DCB-BPV Document 138-2 Filed 01/28/19 Page 3 of 4

1 9. [Please Note: In #CV-18-0096-TUC-LCK Judge Kim-


2 mins was courteous enough to extend Plaintiff time for
3 exactly the same medical reason, without first asking
4 him to “bring a note from your doctor.” See Doc 38 in
5 Warden v Magnus, 0096.]
6 10. Therefore, Plaintiff takes great exception to the tone of
7 the Court’s ruling (Doc 137), particularly by a judge
8 who, on March 2016, revealed the “custom and prac-
9 tice”2 of U.S. District Court judges, and the lawyers
10 who practice before them, to operate outside the
11 F.R.Civ.P. written by the public in the public interest (1)
12 to deter lawyers from “gaming the system” to run up
13 their fees, and (2) to restrain judges inclination to deny
14 due process and “put their thumbs on the scales of
15 justice”, as has already happened in this case.
16 11. [Please note: This exact issue, including the above ref-
17 erenced transcript, is now before the 9th Circuit Court
18 of Appeals in Action No 17-16640.]
19 12. Plaintiff respectfully submits: rather than harassing
20 and bullying this pro-se litigant the Court might seek
21 assistance by use of a new “artificial intelligence” pro-
22 gram, recently developed by Daniel Chen, University of
23 Toulouse Faculty of Law, designed to assist judges to
24 evaluate their biases. Read Here

2 Velasco Transcript, Exhibit Two

3
Case 4:13-cv-00283-DCB-BPV Document 138-2 Filed 01/28/19 Page 4 of 4

RESPECTFULLY SUBMITTED this 28th day of January 2019.


BY:
/s/Roy Warden

I hereby certify that on January 28, 2018 I (1) electronically


transmitted the attached document to the Clerk’s Office using
the CM/ECR System for filing and transmittal of a Notice of
Electronic Filing to the following CM/ECR registrant, and (2)
sent a copy by email to:

Dennis McLaughlin
dennis.mclaughlin@tucsonaz.gov

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