Mike Ross

PO Box 1505
Tempe, Arizona
85280

 

Plaintiff, In Pro Per

In the United States District Court

In and for the District of the State of Arizona

Mike Ross

            Plaintiff,

      vs.

Warden Carolyn A. Sabol

 

              Defendant                                         

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Case No.:

 

COMPLAINT

(Jury Trial Demanded)

 

COMES NOW the Plaintiff, Mike Ross, and for his complaint alleges and avers as follows.

I. JURISDICTION AND VENUE

1.    This action arises the First Amendment to the Constitution for the United States of America. Jurisdiction is conferred upon the Court under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. Jurisdiction over the state pendant claims is conferred upon the Court under 28 U.S.C. § 1337.

2.    Venue is proper in this District Court as the Defendant is believed to reside within this district and all acts alleged occurred within this District

II. PARTIES

3.    The plaintiff is a single man and can be found in Maricopa County, Arizona.

4.    The defendant is Carolyn A. Sabol a woman believed to be a resident of the State of Arizona and further believed to be the warden of the Federal Prison in Tucson Arizona.

III. GENERAL STATEMENT

5.    In Feburary or March of 2005, the Plaintiff mailed a letter to Marc Hoy a prisoner in the Federal prison run by Warden Carolyn A. Sabol. The letter was returned saying that Marc Hoy was not at the facility.

6.    In April and May of 2005 the Plaintiff mailed two letters to Laro Nicol a prisoner in the Federal prison run by Warden Carolyn A. Sabol. These letters were returned saying the Plaintiff was a prisoner in a correctional institution and not allowed to communicate with Laro Nicol unless the Plaintiff had the permission of his warden and the permission of Warden Carolyn A. Sabol.

IV. FIRST CAUSE OF ACTION

Violation of Rights

7.    The Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 6 of this complaint as if fully set forth herein.

8.    As is more fully described the Plaintiff was prevented from communicating with Laro Nicol and Marc Hoy in violation of the First Amendment to the Constitution for the United States of America.

 

WHEREFORE the Plaintiff respectfully requests that this Court:

A.                            Proceed with a trial by jury upon issues so triable; and,

B.                            Award the Plaintiff’s damages of no less than $1,000,000.00; and

C.                            Award the Plaintiff’s costs and fees incurred for the prosecution of this action;

D.                            Award such other and further relief as the Court deems just and proper.

      RESPECTFULLY SUBMITTED this ______day of May, 2005

 

 

 

 

 

 

Mike Ross

PO Box 1505
Tempe, Arizona
85280

Plaintiff, In Pro Per

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 VERIFICATION

 

     

      I, Mike Ross verify under penalty of perjury under the laws of the United States of America, that I am the Plaintiff herein, that I have read the foregoing Complaint, and that the same is true and correct that, based upon my knowledge, information, and belief, it is well-grounded as fact, is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

 

 

Dated ________________________      ______________________________

                                    Mike Ross