Wednesday, 17 May 2017

Rev Matt Hale (Civil Case) Motion to Reconsider Order Denying Motions to Join Suit

An unofficial mail ban has placed on Rev Hale once again. Hale has not received any mail since his transfer back to the ADX in Colorado. Most of his out going mail has been returned to him, four of the letters were returned because he wrote "Church of the Creator" in them. Contact with TCM members by Rev Hale has once again been labelled as "Gang activity" by the BOP. 
Rev Matt Hale.. TCM Security Threat Group (2016)    
George Loeb.. TCM Security Threat Group (2012)

To read Civil action # 14-cv-00245-msk-mjw
Motion to Reconsider Order Denying Motions to Join Suit
See link to FREE MATT HALE site........
Motion to Reconsider Order Denying Motions to Join Suit




THE CREATIVITY MOVEMENT




Saturday, 6 May 2017

The Black Tide and the Mud Flood are upon us...By Ben Klassen

 
 
 
 


 
 
 


SOUTH AFRICA — The Last to Go

The Jewish goal is to drive all the Whites out of Africa, and finally from the Planet Earth.

When I wrote Nature's Eternal Religion back in 1971 and '72, I predicted that the foolish racial policies of both Rhodesia and the Republic of South Africa would culminate in the self-destruction of both of these two flourishing countries in Africa, two countries that were founded by sturdy White pioneers of over a century ago. (See bottom half of Page 350, in Nature's Eternal Religion.)

Today, Rhodesia is no more. It has been replaced by Zimbabwe, as the Jews preferred to rename it. It is now overrun with black animals, and crime, chaos, turmoil and disintegration characterizes a once beautiful and prosperous country ruled by the White Man.

What did Rhodesia do wrong to bring about this major tragedy in this once flourishing country? The mistakes it made are obvious and glaring, and the list is long. In order to analyze the tragedy let me recall a speech I listened to back in about 1971. Miss Carol Dunn and another speaker from Liberty Lobby had just come back from a recent visit to Rhodesia. We must remember that even back then both Rhodesia and South Africa were being
roundly condemned as being racist by the Jewish press.

Caroll Dunn (now deceased) and her companion (whose name I don't recall) were on a speaking tour telling the "conservative" elements of our country that the establishment press was all wrong. Miss Dunn gave an eloquent and interesting speech, as I recall, about the beauties of the country she had visited, what a clean and lovely city Salisbury was, and how the minority White government was bending over backwards to be nice to blacks. She told (correctly) of how they were doing their utmost to "uplift" the blacks, to educate them, to train them for jobs, and were preparing more and more of them to partake in government. Not only that, but the standard of living the blacks enjoyed was indeed higher than
anywhere in Africa, and much higher than in any of the countries the blacks themselves ruled. Conclusion: Rhodesia was unjustly being criticized for being racist. On the contrary, it was a beautiful, prosperous country in which the blacks were enjoying every advantage and
opportunity it was possible to give them.

My friend and I heard the speech at the lovely mansion of Countess Guardabassa (now also deceased) in Palm Beach, Florida. During the 35 mile drive back home we discussed Miss Dunn's interesting speech and came to a somewhat different conclusion than she had. If all she had said was true about the situation in Rhodesia, and we had no reason to doubt her, then Rhodesia, in essence, was actually a benevolent haven for "farming" an ever increasing horde of niggers, we reasoned. The eventual result, we concluded, would be that the niggers would soon devour the White population and spell its demise.

As we now all know, that is exactly what happened. In the late '70's Rhodesia was "taken over" by the black savages who outnumbered the quarter of a million Whites by a ratio of 16 to 1. One of the questions that kept puzzling me before the collapse was this: Didn't the Rhodesians realize they were digging their own grave?

Wasn't the government aware of the fact that their benevolent policy towards the niggers was leading to the genocide of the White Rulers? Ian Smith, the then hero and darling of White "conservatives" in America was the head of that government. How could he be so blind, I wondered. I became increasingly suspicious of Ian Smith. A few years later we had the answers, Ian Smith was indeed a mole, a stooge for the establishment, a traitor to the White Race. And so with pressure from the Jewish "democracies" from the outside, treason from the inside and an overwhelming preponderance of niggers within their limited borders, Rhodesia fell to niggers without a fight.

The Jews had used the same strategy before over and over, not only in Africa, but every country in the world which they had targeted for destruction, for decimating the White Race. They had used the same game plan in the Belgian Congo, where the White settlers were
treacherously betrayed by their "home" government, then left to be raped and butchered by the savage animals. In fact, if we look at the map of Africa as it existed after WWII, we find most of its countries were built, organized and governed by the White Nations of Europe. To name a few: Nigeria (British), Gold Coast (British), Gambia (British), Somaliland (British), French Equatorial Africa, French Guinea, French West Africa, French Somaliland, all owned by France. Algeria (French), Morocco (French), Madagascar (French), Rio de Oro (Spanish), Mozambique (Portuguese), Angola (Portuguese).

This list is not quite complete, since Britain also loosely controlled Egypt and (then) North and South Rhodesia, and some other important territories, and Italy had just been stripped of Ethiopia and Eritrea. But the overwhelmingly significant fact of the situation is this: every single country has now been stripped of White Colonization and turned back to chaos and jungle bunnies, with the exception of the Republic of South Africa, and it is now targeted for violent revolution. Let us make one relevant observation about this whole process of the destruction of civilization in Africa and its return to the jungle.

In every case, the reversion was accomplished by treachery, from the inside and from the outside. In not one single case was it a matter of a pitched battle between the pioneering Whites who built and governed the country and the native blacks ousting them by sheer force. On the contrary, repeatedly it was engineered by their "home" government. In the case of the British colonies, betrayal directly out of London. In the case of the Belgian Congo, an extremely treacherous sellout by Belgium itself with tacit approval by the then king. In the case of Algeria and other French colonies, Charles dc Gaulle, that conniving Jewish stooge, did the job. I personally remember seeing him on television exhorting
passionately that Algeria was French, was part of France itself and would remain forever French. Within a year or so I saw him back on television again, saying just the opposite — "Algeria for the Algerians!" in a heated screaming voice. There, too, the White French were

treacherously betrayed by their home government, and left to be butchered by the inflamed natives, incited by no other than de Gaulle himself. One ironic sequel to all this is that within a decade of Algerian "independence," the native mud people of Algeria were given unlimited quotas into France by the hundreds of thousands.

And so the White Man was treacherously driven out of Africa. One after another of the White European colonies fell like rows of dominoes, all to the shouts of hallelujah from the Jewish world press. Only South Africa now remains, but not for long. South Africa is doomed.

Every day we hear on the Jooznooz about the evils of "Apartheid" as practiced in South Africa. There is not a day that goes by that there is not only one but there are two, three or four articles in the morning papers, hostile to and roundly denouncing South Africa.
Recently, I saw Robert McNamara, who was once President Kennedy's Secretary of Defense and later president of the World Bank, have his go at it on "Crossfire," a TV interview program. This slimy (and consistent) traitor to the White Race came out flatly and stated that when and if bloody racial warfare broke out in South Africa, the United States would not lift a finger to help the White's and he was glad. No matter what happened, the niggers should have their dignity (what dignity?) and control of the country, because they were the majority and he despised the White ruling group in control.

When asked where would we get some of the strategic materials that we now get from South Africa, he replied indifferently that a recent study showed (he claimed) that we could get along without them, and we could get them from communist Russia instead. His philosophy —Communism, Si, Niggers, Si, White South Africa, No. This plainly shows the yellow stripe of Judaism down his back to which he pays total allegiance.

We further hear threats of divesture in South African businesses, we hear a denunciation and call for sanctions from the United Nations. We learn that France has recalled its Ambassador, and is officially applying economic sanctions on trade with South Africa. The U.S. House of Representatives has overwhelmingly passed a resolution demanding we apply economic sanctions, and the Senate at present has postponed the measure for a month. Our students on University Campuses are highly programmed and screaming for American corporations to institute divesture, that is, pull out their financial investments in that beleaguered country because South Africa is practicing Apartheid. Terrible, terrible,
terrible.

Why? What is it about Apartheid that we couldn't criticize at least 50 other countries about regarding their own abuses, outrages, tyranny, mayhem and dozens of other crimes against their own citizens that are much more serious than anything going on in South Africa?

The answer can be summed up in one sentence. It still has a White controlled government in the continent of Africa. Or so it would seem. But let us take a closer look.
Considering the storm of protest that has been provoked throughout the world, the uninformed yokel would be led to believe that Apartheid is one of the most repulsive and heinous crimes in history. As usual, however, the Jewish news media, the United States government and the power establishments of the world are lying to us, and perpetrating a dastardly hoax against the White Race in order to drive the White Man out of Africa altogether and return the rich continent back to savagery and disintegration.

As I have pointed out in Creative Credo No. 21 of the White Man's Bible "Colonization — A Basic Urge In Every Creature of Nature's Realm," the White Man, especially beginning with the 16th century, has been the world's greatest colonizer. This is a basic, healthy instinct, shared by every other creature of Nature in their drive to survive, expand and increase its own kind. Every healthy creature has not only the drive to do so, but also a natural right to do so, and none is more deserving to expand its own kind than does Nature's Finest - the White Race.

In this healthy drive for expansion none were a finer example of colonization than the early Dutch pioneers who established colonies in the region of the Cape of Good Hope in the middle of the 17th century. Although at first intended merely as stopover stations and storehouses for the Dutch fleets on their way to the East Indies, the region was soon colonized by sturdy Dutch farmers known as Boers, (Cf. the German word "Bauern," also meaning farmers).

After the Napoleonic Wars, Great Britain, ever on the move to expand its burgeoning Empire, acquired control of this strategic area in 1814. This it did by conquest, swap of colonies, and an outright payment of six million pounds to the Dutch government. Shortly thousands of Britishers, including a passel of missionaries, flocked into this newly acquired territory. English was soon proclaimed as the official language, and later slavery was abolished. These and several other measures rankled with the sturdy Dutch Boers and many of them moved northward in the Great Trek (1835-37). They established new colonies, the Orange Free State, the Republic of Natal, and the Transvaal.

Again the might of the British Empire pursued them, especially when gold was discovered in the Transvaal in 1886. All this culminated in a bloody war known as the Boer War (1899-1902) in which Britain defeated the Boers and took over completely. Without covering the intervening history of two world wars in which South Africa participated on the side of Britain, suffice it to say that internecine warfare and an uneasy truce ensued between the British and the Boers for the next 60 years.

Finally, in 1961 under the Premiership of Hendrik Verwoerd, South Africa declared itself a republic and cut its ties with Britain. Verwoerd then moved forward in 1962 with the policy of establishing self-governing Native Territories within the Republic. These were called Bantustans.

The aim was separation of the White populations from the masses of blacks, Asiatics and mixed-breeds, the only policy a country now overwhelmed with mud races could adopt without being swamped with chaos and disintegration. Immediately, the United States, the United Nations and "world opinion" formulated by the dominant Jooz-nooz, all combined and screamed its outrage at this small nation that was desperately trying to survive in a sea of mud.
 
 

 

 



In the next twenty years, it not only survived, but became one of the most prosperous smaller nations of the world. While all around them to the north the other former African colonies were winning "independence" (meaning back to savagery, cannibalism, poverty, hunger and chaos) South Africa became a bright light, a glaring example to the world in contrasting the difference between a White run government and the nigger "republics" that were floundering in primitive savagery. This, of course, the "democracies" could not and would not tolerate.

The fact that communist Russia, Poland, Bulgaria, Hungary, Cuba, China, and dozens of other communist satellites are a thousand times more repressive to their own people, is completely ignored by world Jewry. The fact that every African "country" that is governed by niggers is not only more brutal and repressive and dictatorial than South Africa, but also floundering in chaos and poverty, that too, the Jewish world press chooses to ignore.

Every day the Jewish press screams South Africa! South Africa! Suppression of Human Rights! One man, one vote! with the United States leading the way. The fact that instituting the One-man one-vote formula for South Africa would plunge it into a blood bath and completely wreck a prosperous country, that too is completely ignored, and, it seems the White Race couldn't care less. Whatever the cost, turn South Africa back to the niggers and butcher the Whites that built the country. That, my dear White Racial Comrades is the dictate of the Jewish power establishment and I predict, it will come to pass, and soon. South Africa is doomed. The forces of destruction are now irrevocably committed and irreversible.

After Prime Minister Verwoerd was assassinated on September 6, 1966. the stage was set for the dismantling of this sturdy Dutch Republic. South Africa is not now run by the Dutch (if it ever was) but by the Oppenheimer's, the Jewish money trust that owns the DeBeers gold and diamond mining interests. These in turn are tied in with the Rothschild's and other Jewish bankers that own "our" Federal Reserve, and own the world. (See Creative Credo No. 40 in the White Man's Bible entitled "The Brutal Truth about Inflation and Financial Enslavement. The Federal Reserve Board — the Most Gigantic Counterfeiting Ring in the World," or send for and distribute our special 16 page booklet of the same title).

With the finances of South Africa in Jewish hands, the present premier Pieter W. Botha, is nothing more than a stooge in the hands of the Oppenheimer's, and the farce that he and "his" government are protecting the White interests may fool the world, and even the White
population in South Africa itself. But it is a sham. Like Ian Smith in Rhodesia before him, he is a traitor setting the stage from the inside for betrayal and collapse.

And so with escalating pressure from the outside, with "world opinion" screaming, with betrayal from the inside. South Africa is doomed. Watch this grisly episode unfold and the White Man there slaughtered, as in the Congo and elsewhere. I predict it will happen, and soon. By now, it should be imminently clear to the most simple minded yokel that the White Race has been following a false and suicidal program in its struggle for survival on the face of this Planet Earth. Although endowed with all the strategic tools for mastery of the planet, its strategy or lack of it has been a dismal failure. We are now programmed for extinction, not only in Africa, but step by step, in every continent. We are reaching the end of the line.

Where have we gone wrong? Why with such an illustrious history in its past is the White Race in this 20th century coming to such a dismal end?

The answer is in its total philosophy and racial outlook. The White Race has been patently stupid and self-destructive to itself, as exemplified by Robert McNamara, cited previously. This race traitor after engineering a 400 million dollar Edsel boondoggle at the Ford Motor Co. was then promoted to be "our" Secretary of Defense, and then on to president of our World Bank so that this lousy traitor could more efficiently and effectively boondoggle away more American taxpayers' earnings to the scum of the world.

Flatly, the White Race has had, and still has, a completely bankrupt philosophy regarding its own survival and its own) position on this PLANET EARTH. It is the business of the CHURCH OF THE CREATOR to give the White Race a new philosophy, a new program, a new orientation to save itself and flatly say: to hell with the scum! We will subsidize it no longer. We follow the wisdom of Nature. We will take care of our own, and fight unto death any race, group, force, establishment, philosophy or religion that opposes us in our struggle for survival.

This we say loud and clear in our racial religion, CREATIVITY. We point out again and again an obvious lesson we should have learned from past history in our dealings with niggers and other mud races. We pointed out the folly of trying to drag into our midst and exploit the cheap labor of the inferior nigger in Creative Credo No. 30 of the White Man's Bible entitled "The Grisly Lesson of San Domingo — A Forerunner of White America. "This should bring home to any thinking White Man the dire consequences of breeding and proliferating a preponderance of black savages in the White Man's domain. The end result is racial suicide. First of all, there is the interbreeding between the savages and the Whites, with a resultant mass of mulattoes. These mixed breeds (also called coloreds) are the cutting edge of the black tide for partaking and entering into the White Man's society, finances and government. Like the camel with his nose in the tent, the next step is more "rights," extended to an ever expanding segment of the nigger hordes, until finally the White Man who built the country, the economy and the society, is pushed into a corner and dispossessed of the government he built in the first place. From there on out the anarchy and disintegration that follows is rapid. Revolution, anarchy, and finally the slaughter of the White population is the inevitable end result.

Before we return to South Africa, let me cite one more example, and that is the former British presence in India. Recently, I made a point of viewing the film "Gandhi" portraying the life and career of Mohandas K. Gandhi. Although Gandhi was a deceitful and opportunistic agitator of the first order, the movie (and the Jewish rendition of history in general) now portray him as a saint, and call him Mahatma Gandhi. Despite the fact that the movie was a Jewish rendition of his career and had many historical inaccuracies in it, nevertheless, it had a clear and poignant lesson for any thinking White Man, and that is this:

The British, great colonizers and empire builders that they were, made a fatal mistake in India, as they did again and again in all the other backward colonies that they developed and tried to exploit. That mistake was to bring civilization, technology and major capital improvements (railroads, building harbors, cities, etc.) to a country in which the mud peoples predominated in numbers, but they, the British, expected to rule and exploit.

 

The end result is the same as it was with the French experience in San Domingo (now Haiti). In the end 100,000 British administrators could
not hold and control a mass of 350 million Hindus, once they had been "uplifted" and aroused by local agitators. Whereas the British gave up India "peacefully" shortly after W.W. II, the end result would have been more bloody, but inevitably the same anyway, had they not. They would have been driven out after a bloody massacre.

What the British and any other White colonizer should have done instead in the 16th, 17th, 18th and 19th centuries when the world was still their oyster and up for grabs, was to colonize a portion of a territory, the best and choicest piece preferably first, then colonize it with their own exclusively. Drive out any stray natives, (similar to what we did with the Indians in North America) and secure the land. Build farms, roads, railroads, cities, etc., exclusively with White labor and White settlers. We don't need slaves, niggers, Chinese, or any other inferior muds in our midst to contaminate our society or our landscape.

Once an area is settled and secured, expand it into new territory, just like any other creature of Nature does. Digest the expanded territory and move on until all the territory is settled, secured and inhabited by the White Race, and the White Race exclusively. Had the British done this in India, for instance, the White Race would now have a rich and productive piece of territory in which to expand, flourish and prosper without any of the mud races cluttering up their domain.

But let us get back to South Africa and the lesson we can (and should) learn there.

The closest example of what we, THE CHURCH OF THE CREATOR are advocating was partially practiced by the Dutch Boers when in the Great Trek of 1835-37 they moved on north and tried to build a White homeland for themselves in the Orange Free State, the Transvaal and the Natal. The area was at that time only sparsely inhabited by native blacks, and the number was so small that they presented no problem to the White Man's settlement and expansion. Instead it was another group of Whites, the British, that intruded, and laid the groundwork for the pollution and final disintegration that is facing South Africa today.

It was the White Man's building of a prosperous society, especially in the 20th century, that lured the hordes of black savages and other mud peoples, including Hindus and other Asiatic's, to seek jobs in the now organized and prosperous White Man's domain.

As in Rhodesia, and as in San Domingo, as the cheap black labor swelled and proliferated into overwhelming majorities, the White Man suddenly found himself hard pressed to maintain his control and his personal safety. The attempted solution in South Africa was to institute Apartheid, as we have already described, to separate the blacks, the mulattoes, the Asiatic's and other segments of a racial hodgepodge into separate, clearly defined communities.

It is at best a stopgap measure, but the damage was irreversibly done by letting this collection of human garbage enter within their borders in the first place. There is no containing them, there is no appeasing them. They hate the superior White Man with a vengeance. Living in the same territory, they all, and I repeat, ALL, including the niggers in America look forward to the day when, like in San Domingo, they can massacre the White man and take over all that he has built and owns.

This, my dear White Racial Comrades, is the clear and unequivocal lesson history teaches us, and we should have learned it long, long ago. The White Man should have learned that lesson in Egypt four thousand years ago. The Greeks should have learned it 2500 years ago. The Romans should have learned it 2000 years ago. The French, the British, the Dutch, the Spaniards and other White colonizers should have learned that lesson more recently from the experiences in San Domingo, in India, in Africa and in South America. The only sub-continent that we can point to that (for a time) practiced the White racial idea is Australia, but with Jews now in control of its government, finances and Joozmedia, that country is rapidly abandoning its original foundations and throwing its borders open to the mud peoples. Hordes of billions of Asiatic's just to the north are awaiting their opportunity to flood that once prospering White domain with their hungry hordes. They will not have long to wait.

From the foregoing let us sum up the position of the CHURCH OF THE CREATOR regarding colonization and our deliberate, studied position towards the mud races of the world.

1. We must dump overboard the "Christian" creed slopped on us by the Jews and follow Nature's wisdom regarding colonization and expansion of our races as spelled out in Creative Credo No. 21 of the White Man's Bible entitled, "Colonization — A Basic Urge in Every Creature of Nature's Realm."

2. We must immediately stop subsidizing, feeding, uplifting, or supporting any of the mud races of the world, whether inside or outside of our borders.

3. At this late stage in history, it is urgent and we must reverse the suicidal policies of the past within our own present and shrinking borders. We must first of all clean up the racial mess in our own homelands and expel the muds now proliferating and contaminating our own homelands. When we look at the present quagmire in Britain, France, South Africa, Germany, in fact, nearly every White country in the world, especially the United States, this is a gigantic first step that must be taken, and it must be done NOW.

4. Once we have accomplished these three basic major steps, we must then aggressively pursue Nature's fundamental urge, and that is to expand our own kind into ever larger territories on this limited Planet Earth, until we inhabit it all. Let me point out again the fundamental tenet of Creativity in this respect — we do not aspire to rule, dominate or exploit any of the inferior mud races ever again. We just want to do what Nature tells every creature to do — expand and protect our own.

5. In order to accomplish the above and save the White Race from dismal extinction, we first of all have to straighten out the White Man's confused and scrambled thinking. We have to institute a new order, a new way of life, a sane and healthy attitude towards our natural world. In CREATIVITY we have it all, the whole ball of wax.

It is the goal of Creativity to instill in every White Man, woman and child a deep and lasting consciousness of their great racial heritage.
 
 
Ben Klassen
Founder.. Church Of The Creator
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article Taken from Racial Loyalty # 28
Sep 12AC ( 1985)
 
 





Saturday, 29 April 2017

Interview with Kevin Goudreau...Chairman, Canadian Nationalist Front





 
When and why did you first become awake and want to do something to help ensure the survival and expansion of the White Race?

I first became awake in the 1980s, always had an affinity for what's right and racial loyalty, I was anti-third world immigration etc. In 1990 is when I became active. I was always racially and politically aware but this new wigger fad of rap music and baggy pants, then watching Headbangers and friends join this fad because it was cool is what got me active. I decided to put a stop to it and show people what they were doing is wrong. At age 15, I watched a documentary about European Skinheads and the next day got Doc Martens and decided I would create a revolution by myself in Sudbury Ontario. Not knowing there were others like me I was on my own for a year until I met other Skinheads and then got introduced to organisations and philosophies like the Heritage Front and Church of The Creator. Then I was reborn with a mission to save my country and people. It was then ON! and I took command of the local Skinheads older than I was by 5 years and became their leader.
 
Toronto in the early 90's was a very interesting time with a large presence of White Racial Loyalists organizations active. Can you share with our readers some of your memories of the different groups active at the time and the WRL leaders you have met   
 
I was involved with WAR (White Aryan Resistance) and then the Heritage Front, that was all I stood for in Canada, then Church Of The Creator my religion of race that had not been put into words or context until I heard and read their doctrine, a calling, others that believed in science and nature summed up perfectly to my beliefs. I thought I was alone in the world but with Creativity and the Heritage Front it was almost like they were created specifically for me and my beliefs, no longer the lone wolf.  
 
I handed out flyers, recruited, got into confrontations to debate and explain my beliefs to the masses of Sheeple. Heritage Front, Church of The Creator, National Alliance and White Aryan Resistance I recruited for and participated in protests, rallies and meetings all across the country. Became fiends and had acquaintance with Wolfgang Droege, George Burdi, Dr. William Pierce and Tom Metzger.
 
You attended the 1993 RAHOWA  show in Ottawa and the riot that ensued after, what are  your memories of that night?    
 
Yes, I attended the Rahowa and Aryan concert in Ottawa, May 29 1993 at the Ottawa Boys and Girls Club, that moment rocked the nation, the movement and my life. Was 17, on my way to my first racialist rock show, got there, met George Burdi one of the first to greet me, they had a liquor licence so me and my crew bought beer, enjoyed the music, was in the mosh pit, there was a 60 year old couple there which I thought was odd but they were with us, then it all hit the fan.
 
A few years later I found out we had an informant Stuart Porteus who gave Anti-Racist Action the location of our show. 700 ARA were outside protesting we were not concerned until they climbed the poll and cut our power. Then with the power and show over, which all bands played and only a few of last songs got cut off, but now you got 60 skinheads and white nationalists geared up for war. We did not care that 700 hundred people were out there out to mess with us, 1 of us equals 10 and we proved it that night.
 
First we told the women and older people to go out the back door, we would face the enemy. They went, we went out the back door and went through an alley out to the street to meet our opposition. Riot squad and police were there to keep us separate so both sidewalks on either side marched up to parliament Hill and along the way I tried to charge across the street myself but was stopped by a police dog on my arm that was the front cover of Le Droit newspaper the next day. We got to the Hill, Wolfgang and Burdi gave a speech and I was front and centre on the steps in front of them. 
 
 
After the speech on Parliament Hill we then proceeded down the street in front of Chateaux Laurier standing in front of the building standing amongst pillars while ARA was across the street throwing, rocks, bottles, eggs and pieces of cement from construction in the area at us. Wolfgang whom id known a few years was adamant about not retaliating... Well I was 17, impetuous and decided to disobey orders after I saw Wolfgang get hit with cement and said screw it and was first to charge across the street to meet the enemy and everyone followed me, chaos ensued and the 700 ARA vanished into thin air as we mounted a counter attack, they ran so fast we only caught the slow runners and people foolish enough to stand their ground. I became George Burdi's bodyguard after he got pepper sprayed and held on to him since he was blinded and took some police batons to defend him and guided him around until he got his sight back and also at same time stopping our people from getting into it with innocent passers by because we were frustrated most of the enemy had vanished so quickly, later on in years I found out the ARA hid behind a building we didn't see them retreat behind, and were cornered with no escape, they quaked in fear but the surreal brawl on the streets and the police basically stood out of the way for us to get at the ones in the open that attacked us first distracted us from their hiding spot only meters away.
 
WE declared victory, we won, defeated the enemy. Some fallout and minor assault charges in the aftermath but at the end of the day the left attacked us, they looked like idiots and we destroyed them being ridiculously outnumbered. A victory day for us.
 

You have become somewhat ostracized within the White Racial Loyalist community in Canada, when and why do you feel this occurred? 

 
I stayed active for years with HF, COTC, WAR and NA for over a decade, recruiting, travelling from coast to coast part of crews and chapters from New Brunswick to BC and Alberta. The movement quiets down and re surges as the political climate changes in waves up and down. On a political upswing in the movement on the advent of Facebook I once again returned to recruit and enlighten the masses.

One day I decided to go into Sharp (skinheads against racial prejudice) and ARA (anti-racist Action) Facebook pages to shut them down, denounce them, debate and convert some as I have done in the streets in the past.

 
Then I noticed my arch Nemesis, enemy number 1. Alicia Reckzin, I won't repeat my first words to her but they were not nice. She was the leader and founder of Sharp and ARA in Ottawa that led the attack against us, whom George Burdi kicked in the face in the Ottawa riot. I had waited for years to confront her and verbally rip her apart as I did that day. Next thing I know, private chat started with debate and somehow turned to flirting as a joke then it became real. She came to me on a Greyhound Bus after she ripped her Sharp and ARA patches off and swore I had converted her, I'm quite intelligent and persuasive, I have converted half a dozen ex ARA in the past and they have now been White Nationalists for decades.

I knew my reputation was at steak and what people would think because I thought the same but saw opportunity, For years re-watching Hearts Of Hate the documentary we were on from the Ottawa riot I hated her with every fibre of my being but part of me always thought, "what a waste, she's intelligent and wish we had her on our side and tried to analyse what would turn her in such a direction".

Once I took the plunge with Alicia I saw a big picture of what she could become and mean to the movement, robbing the anti-whites of their queen and her becoming the new spokeswoman of the movement was my vision, risking my own life and reputation for the big picture and the greater good of the movement knowing I would be marked as a traitor by some as I would have.

First I discovered Alicia Reckzin (Reckzin being her stepfather's last name which is Polish and her real fathers last name being Kempster (Scottish) and mother's side Welsh) to clear up her heritage as I met her whole family. She was already part of the white nationalist movement prior to her founding and being at the forefront of 2 anti-racist groups as Sharp and ARA .

She had been hurt and had her heart broken by two skinheads when she was younger and hence being a woman scorned turned against the movement and created a whole movement to destroy us all over a broken heart.

Some of her family quite right wing and even her children admitting to me she has always been right wing but only hated skinheads for being hurt and heartbroken as a young skinhead girl had convinced me to accept her as genuine and risking my life and limb to gain her acceptance in the movement and bring her to meetings my dreams for her came true... For awhile, people turned on me, I understood and accepted that but once they saw the effect of what id done and tried to do I thought they would see I was right to do what I did.

 
Then came ARC Anti-racist Canada the antifa website, I was under the radar to people online even though I was well known for years until I stole Alicia from them they started their campaign against me, it was a blow to them.

 
I had divided the movement into two factions for or against Alicia and that's when attacks and interference came from the against faction, specifically one woman who was the darling of the movement at the time was jealous and befriended both of us, moved to Ottawa then proceeded to destroy both of us and then started feeding info and pictures to ARC hence my public image going down hill. Recordings of phone conversations that were just joking around and taken out of context fed to the right, my reputation was tarnished forever because of jealousy, kind of a love triangle drama, public posts of me on Facebook being drunk and foolish and cloned profiles of me making outrageous statements by the same woman, made me look bad.
 
Before that my reputation was solid but since Alicia some 2 or 3 women I had spurned, refused to date or broke their heart decided it was a good opportunity to get back at me and hurt me by spreading false rumour and outright lies about me then some former brothers that I had bad blood with in the past or I had turned them away not wanting to hang out with them jumped on the bandwagon and started doing the same without so much as to confront me or ask me questions if anything was true or not and they just choose to gossip like a bunch of hens about things they know nothing about and half are not even stories about me but other people just with my name in their story. Of course I got angry and lashed out at everyone publicly, my relationship with Alicia disintegrated due to the fact I could not reconcile the fact I was sleeping with the enemy or former enemy was just too much for both of us and it all blew up in my face. The end of Kevin Goudreau? I may fall but I will always arise again!  
 
 The ARC still features you on their site on a regular basis, do you feel this press helps or hurts your efforts?  
 
I licked my wounds, still had lots of support, still recruited, moved back to southern Ontario, connected with over a dozen White Nationalists that knew me and started to rebuild. ARC articles did not stop me, any publicity is good publicity, any actual screenshots that were not of hacked or cloned accounts but from my private posts were to my comrades, not for public consumption, just made me a real person even though just an online persona that is not quite accurate and not some attempt to be a fake politician, shown as kind of like a Rob Ford of the movement, yeah I drink, I make mistakes, I sometimes swear and get emotional and do stupid things like everybody else, I'm not invincible, I'm just an average joe, a joker and well, a political White nationalist revolutionary.
 
When did you start the Canadian Nationalist Front and what is its doctrine?


I started the White Nationalist Front 10 years ago. My race is my religion and I'm a Creator but religion has no place in the now Canadian Nationalist Front, we have enough divisive issues. We are against third world immigration, for deporting non-whites not born here at the very least, tough on crime, pro bringing back the death penalty for heinous murders and pedophiles involving pre-teen rape of children. I'm a lefty when it comes to environmental issues but CNF policy is simply, take care of our planet, our economic policy, buy Canadian and made in Canada. Foreign policy, none. Canada First. No UN interference unless whites are victims like the South African White Genocide.

The CNF recently held a rally in Peterborough Ontario, how did it go?
 
Had a White pride rally in Peterborough on Sunday march 18th downtown Peterborough at the mall Peterborough Square. Small numbers that day because of the anti-blasphemy law M-103 protests in 22 cities across Canada that day. We were having lunch and down the street Muslims were at the corner at the mall approaching people about Islam.
 
Been told by veterans not to alert the media unless we had 10 to 15 people because it would make us look bad and realised it held me back from rallies I tried to hold in the past. Well we had people there that came up from Toronto and down from northern Ontario and we didn't get dressed up for nothing so we voted to go to the mall beside the Muslims. By the time we showed up with our flags they were across the street and moved out of sight. We waved our flags shouting "White Pride Worldwide!" I didn't alert the media but a couple commies walked by and took pictures. We left, made our stand and didn't think much of it until the next day, it was all over the news and went viral online.
 
 



Is there anything else you would like to add?
 
 
 
My online persona Isn't really who I am, if you met me or chatted on the phone most people are holy fuck your nothing like your Facebook, of course! its the internet! I project what I want even if its for a laugh. People take the internet too seriously and its not me taking it too seriously, people need to relax, get together, have a pint to see who people really are. My internet persona or posts are not who I necessarily am for real and people need to realize that about us all, in the old days we would have an argument or a fight and the next day shake hands and have pint and all is well again, downside of the internet side of organizing is face to face contact and letting foolish things build up or not get resolved because its not one on one.  
                                                            
I'm not actually arrogant or get involved in divisive issues, believe in all groups working together for the greater good and the big picture, I have made peace and am friends with former opponents, put petty differences aside for the greater good, focus on our common goals and not differing methodology, minor ideological differences or old bad blood or drama, gossip etc, but what we could do together united recognizing who the real dedicated people are and not let our egos get in the way as we all sometimes do, in the grand scheme of things we can all be petty but I have moved passed that and hope we all can, to achieve our goals.
 
 
Kevin Goudreau
Chairman, Canadian Nationalist Front
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 A Hater Among us..(National Post),,Interview with Kevin Goudreau (2011)

 
 

 

 

    



 










 
 

Friday, 28 April 2017

Rev Matt Hale (Civil Case) Order on Motions to Join and Objections

 


IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Chief Judge Marcia S. Krieger

Civil Action No. 14-cv-00245-MSK-MJW

REVEREND MATT HALE,

Plaintiff,

v.

FEDERAL BUREAU OF PRISONS;

Defendants.

ORDER ON MOTIONS TO JOIN AND OBJECTIONS


THIS MATTER comes before the Court pursuant to a number of pending motions. The first group consists of Motions to Join filed by various nonparties (#s 115-121, 122, 123, 127-132, and 136).1 The Bureau of Prisons (BOP) filed two Responses (#s 134 and 145) addressing all the Motions to Join, and the nonparties filed Replies (# 135, 138, 140-143, 148, and 149).2 The Plaintiff, Matt Hale, filed a Motion (# 139) for Leave to file a Reply. Also before the Court are Mr. Hale’s Objections (# 137) to the Magistrate Judge’s Minute Order (#126) denying his Renewed Motion to be removed from solitary confinement (# 106). The BOP filed a Response to these Objections (# 145) and Mr. Hale filed a Reply (# 150). Lastly, the Parties filed a Joint Motion for Extension of time to Complete Discovery (# 152).

1 Throughout this Order the Court will refer to the Motions to Join collectively as "the Motions." When discussing individual motions the Court will identify them by Docket Number.

2 A number of these Replies are labeled as "letters" or "declarations."

 II. FACTUAL BACKGROUND


Only a summary of certain facts is relevant for resolution of the pending motions. Mr. Hale is an inmate at the Administrative Maximum facility in Florence, Colorado (ADX) .3 While there, Mr. Hale was the leader of "Creativity," purportedly a religious group with a goal of "total racial segregation so as to stop the mixture, and hence destruction, of White culture and genetic stock."

3 Mr. Hale was convicted of one count of solicitation of the murder of a federal judge. See Hale v. United States, No. 08-cv-94, 2010 WL 2921634, *1, (N.D. Ill., July 22, 2010).

4 There is no pending claim nor are there allegations that Mr. Hale’s mail has since been restricted, is currently being restricted, or is imminently likely to be restricted in the future.

In this action, Mr. Hale has asserted multiple claims against the BOP. Four claims are pending: 1) the BOP violated Mr. Hale’s right to freely practice his religion by imposing two bans on Mr. Hale’s mail (from July 2010 – January 2011, and from January 2013 – August 2013)4 and by refusing to provide him a special diet; 2) the BOP imposed the mail bans in retaliation for Mr. Hale’s exercise of his First Amendment rights; 3) the BOP violated Mr. Hale’s First Amendment right to free speech when it prohibited from having a copy of a book, Nature’s Eternal Religion; and 4) the mail bans and the refusal to provide a special diet violated Mr. religious freedom rights under the Religious Freedom Restoration Act (RFRA).


This case was filed in January of 2014. Discovery deadlines have been extended a number of times, with a final extension setting the discovery cut-off for April 17, 2017.
III. MOTIONS FOR JOINDER


The non-party movants contend that their First Amendment rights will be affected by any future restrictions on Mr. Hale’s ability to communicate with them. Because Mr. Hale and the movants appear pro se
, the Court reads their submissions liberally, and holds them to a less stringent standard than it would filings submitted by attorneys. Haines v. Kerner, 404 U.S. 519, 520-21 (1972).





A. Legal Standards




Joinder of parties in an action is governed by Rules 19 and 20 of the Federal Rules of Civil Procedure. Rule 19 addresses compulsory joinder, and Rule 20 addresses permissive joinder. In addition, a person can move to intervene in an action pursuant to Rule 24.
1. Compulsory Joinder



Joinder of parties is compulsory under Rule 19 if a person’s participation is required to afford complete relief among the existing parties, or the person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may impair or impede the person’s ability to protect his or her interest or leave an existing party subject to substantial risk of incurring double, multiple or otherwise inconsistent obligations. Fed. R. Civ. P. 19(a); State Farm Mut. Auto Ins. Co. v Mid-Continent Cas. Co., 518 F.2d 292, 294 (10th Cir. 1975). Rule 19(a) requires the Court to determine, on a case-by-case basis, whether a party is "indispensible" or necessary. Symes v. Harris, 472 F.3d 754, 760 (10th Cir. 2006). To do so, the Court asks whether complete relief is possible without joinder of the party and if the absent party has a legally protected interest in the outcome of the action. Confederated Tribes of Chehalis Indian Reservation v. Lujan, 928 F.2d 1496, 1498 (9th Cir. 1991). If the party is necessary, the Court considers whether the person can be made a party to the action and, if not, whether the action should still proceed. Symes, 472 F.3d at 760.




2. Permissive Joinder




Permissive joinder allows a person to join an action if he or she asserts a right to relief with respect to, or arising out of the same transaction or occurrence as, that raised in the action,



Permissive joinder allows a person to join an action if he or she asserts a right to relief with respect to, or arising out of the same transaction or occurrence as, that raised in the action,


and the person’s asserted right to relief will involve a question of law or fact that is common to claim(s) of the named parties. Fed. R. Civ. P. 20(a); Mississippi ex rel. Hood v. AU Optronics Corp., 134 S.Ct. 736, 742 (2014). To determine whether there is a single transaction, occurrence, or series of transactions or occurrences, courts apply a "logical-relationship" test. See Charles Alan Wright, Arthur R. Miller, Mary Kay Kane, Richard L. Marcus, Federal Practice & Procedure, § 1653 (3d ed. 2017). All logically related events entitling a person to institute a legal action against another are regarded as a single transaction or occurrence. Revilla v. Glanz, 7 F.Supp.3d 1207, 1212-12 (N.D. Okla. 2014). If there is a high likelihood that separate actions will result in overlapping proof and duplicative testimony, there may be a single same transaction or occurrence. Sprint Commc’ns Co., L.P. v. Theglobe.com, Inc., 233 F.R.D. 615, 616 (D. Kan. 2006). However, if claims arise out of differing factual circumstances, permissive joinder is not appropriate. By way of example, in Birdwell v. Glanz, 314 F.R.D. 521 (N.D. Okla. 2015), the district court examined whether two prisoners could assert claims against defendants (jail staff) in a single action. The first plaintiff claimed that the jail’s medical staff exhibited deliberate indifference to his medical needs, while the second claimed that staff used excessive force. The alleged violations occurred several months apart. The court found that joinder under Rule 20(a) was not permissible.

As to whether there is a common question of law or fact, the claims asserted by the parties seeking to join need not share all of the same questions of law and fact; a single overlap is sufficient. Lee v. Cook Cnty, Ill., 635 F.3d 969 (7th Cir. 2011); Montgomery v. STG Intern., Inc., 532 F.Supp.2d 29 (D.D.C. 2008).


If these two requirements are met, the Court nevertheless has discretion in deciding whether to allow joinder under Rule 20. The Court may decline to permit joinder where doing so
is necessary to protect a party from "embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party." Fed. R. Civ. P. 20(b). The Court may also disallow joinder where it would not serve the purpose of Rule 20 – promoting trial convenience and expediting the resolution of disputes. See Wright & Miller, Federal Practice & Procedure, § 1652; see also Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296 (9th Cir 2000); Premier Group, Inc. v. Bolingbroke, No. 15-cv-01469-PAB-CBS, 2015 WL 4512313, *9 (D. Colo. July 27, 2015) (citing Basile v. Walt Disney Co., 717 F.Supp.2d 381, 387 (S.D. N.Y. 2010); Patrick Collins, Inc. v. John Does 1-2, No. 12-cv-01641-WYD-MEH, 2013 WL 3759942, *3 (D. Colo. July 15, 2013) (citing Voltage Pictures, LLC v. Does 1-5,000, 818 F.Supp.2d 28, 38 (D. D.C. 2011).




3. Intervention under Rule 24



Rule 24 provides a third mechanism for a nonparty to join an action, both as a matter of right and on permission of the court. Fed. R. Civ. P. 24(a), (b). The standards provided by Rule 24 closely align with those of Rule 20. As relevant here, intervention as a matter of right is available if a party can "claim an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest. . ." Fed. R. Civ. P. 24(a)(2). On the other hand, the Court may permit a party to intervene if the party "has a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b)(1)(B); Tri-State Generation & Transmission Ass’n, Inc. v. New Mexico Public Regulation Com’n., 787 F.3d 1068, 1071 (10th Cir. 2015). The Court must also consider if permitting intervention will cause undue delay or prejudice. Fed. R. Civ. P. 24(b)(3); Tri-State Generation, 787 F.3d at 1074.



B. Discussion

The movants here (both "adherents of Creativity" and non-followers) assert a right to communicate with Mr. Hale. Each seeks prospective relief, stating a "wish to protect [his or her] own First Amendment right to correspond with Reverend Hale without the Defendant interfering with or oppressing same." See Docket Nos. 116-121, 127-132, 136.

Reading the Motions liberally, as the Court is obligated to do, it appears that the Movants seek to protect their First Amendment right to free speech or free exercise of religion. As for free speech, the First Amendment provides that "Congress shall make no law ... abridging the freedom of speech . . . government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." United States v. Stevens, 559 U.S. 460, 468 (2010). It is difficult to discern how the BOP’s restriction of Mr. Hale’s outgoing mail impairs the Movants’ expression, and even how a restriction on Mr. Hale’s incoming mail might impair the Movants’ right of expression, as there is no constitutional guarantee of an audience for permissible expression. But the Court will assume, without deciding, that there is some constitutional right that the Movants assert that is impaired by mail bans imposed against Mr. Hale.

As for free exercise of religion, the First Amendment Free Exercise Clause prohibits the government from penalizing persons based on their religious ideologies. Sherbert v. Verner, 374 U.S. 398, 402 (1963). Those Movants who are adherents of Creativity5 suggest that their inability to communicate with Mr. Hale interferes with their religious practice. Again the Court

5 The majority of the Motions state that the movants are not Creativity followers, thus the Court has some difficulty, even reading those pleadings liberally, determining how these movants claim that their rights to freely practice a religion are violated. Of those motions filed by Creativity followers, none allege that their freedom to freely practice Creativity is being curtailed, however, interpreting them broadly, the Court will presume that those motions reference to protecting their "First Amendment rights" includes their right to freely exercise Creativity as well as their right to free speech.


assumes without deciding that the Movants have a constitutional right that may be impaired by the mail bans imposed by BOP.
None of the Rules allowing for joinder or intervention support the requests of the Movants. Compulsory joinder under Rule 20 is appropriate only if complete relief in this action cannot be accomplished in its absence. The claims brought in this action all pertain to alleged violations of Mr. Hale’s individual rights that occurred in the past. In contrast, the Movants seek prospective relief to prevent violation of their individual rights in the future. 6 Mr. Hale’s claims can be resolved without consideration of the claims of the Movants. If there is a future violation of the Movant’s individual rights – each Movant will be able to bring an action for relief. Thus, compulsory joinder is not appropriate.

6 The Court is substantial doubt that the joinder Motions actually assert any right to relief against the BOP for restrictions imposed against Mr. Hale. First, the BOP has no power to restrain or curtain the movants’ speech or ability to exercise their religion. Second, there is no showing that prior mail bans against Mr. Hale have impacted Movants, and the supposition that there will be future mail bans or that such would impact the Movants is purely speculative. At this juncture, the Movants have not shown any injury for which relief can be provided.


Similarly, permissive joinder is inappropriate. While there is a logical relationship between the two mail bans imposed from July 2010-January 2011 and from January 2013-August 2013 and the Movants’ ability to communicate in the future, the Movants’ concerns have not ripened into claims that can be pursued. They are purely speculative.

Finally, turning to whether the Movants’ could intervene to assert a claim, the Court asks whether the movants have a claim or defense that shares a common question of law or fact with the main action. The answer is no – Mr. Hale asserts his own rights, as would each Movant. However, Mr. Hale’s claims are for alleged past violations. The Movants allege no violations; they simply fear that their rights may be violated in the future. What the nature of such claims could be and what factual and legal questions will arise is unknown. Because the Movants’

claims are not yet ripe (nor likely to become ripe), they cannot share a common issue of law or fact with Mr. Hale’s individual claims for past violations.
Accordingly, the Court denies the Motions to Join (#s 115-121, 122, 123, 127-132, 136, and 139). The Court also denies Mr. Hale’s Motion for Leave to File a Reply (# 139), as moot. The Court has before it all facts necessary to conduct an analysis under established law for both joinder and intervention. Therefore, it does not find that any motion filed by Mr. Hale would assist the Court in resolving these Motions.




IV. OBJECTIONS TO MINUTE ORDER


Also before the Court are Mr. Hale’s Objections (# 137) to the Magistrate Judge’s Order (# 126), denying Mr. Hale’s Renewed Motion to be Removed from Solitary Confinement (# 106).

Mr. Hale’s original Motion to be Removed (# 95) and Renewed Motion, sought an order directing the BOP to remove Mr. Hale from the Special Housing Unit (SHU) at Terre Haute, Indiana. Mr. Hale’s Objections now ask this Court to find that the Magistrate Judge erred in denying his request, and to order the BOP to remove him from confinement in the SHU.

After Mr. Hale’s Objections were filed, the Parties submitted a Joint Motion to Extend Discovery (# 152). In that Motion, the parties represent that Mr. Hale is no longer in the SHU at Terre Haute, Indiana, but has since been returned to the Administrative Maximum Facility at Florence, Colorado (ADX). Because Mr. Hale is no longer confined in SHU, Mr. Hale’s Objections now appear to be moot.

Accordingly, the Objections (# 137) are denied as moot.




V. JOINT MOTION TO EXTEND DISCOVERY


The parties seek a joint motion to amend the discovery and dispositive motion deadline.

The Court may modify its scheduling orders upon a showing of good cause. See Fed.R.Civ.P. 16(b)(4); D.C.COLO.LCivR 16.1. Whether to "extend or reopen discovery is committed to the sound discretion" of the Court. Smith v. United States, 834 F.2d 166, 169 (10th Cir.1987). In exercising its discretion, the Court considers the following factors: (1) whether trial is imminent; (2) whether the request to reopen or extend discovery is opposed; (3) whether the non-moving party would be prejudiced; (4) whether the moving party was diligent in obtaining discovery within the guidelines established by the Court; (5) the foreseeability of the need for additional discovery in light of the time allowed for discovery by the Court; and (6) the likelihood that the discovery will lead to relevant evidence. Id. (citations omitted). As for the fourth factor, good cause requires the moving party to show that it has been diligent in attempting to meet the deadlines, which means it must provide an adequate explanation for the delay. Strope v. Collins, 315 F. App'x 57, 61 (10th Cir.2009).

This is the parties’ fourth motion for an extension of discovery deadlines. See Docket #s 86, 97, and 110. The parties’ motion contains the following justifications for the delay. First, they contend that because Mr. Hale was – until recently – confined in the SHU at Terre Haute, Indiana, discovery was delayed. Particularly, the BOP represents that while it initially believed that the current discovery deadlines allowed sufficient time for Mr. Hale to be returned to ADX in Colorado and for depositions and discovery to occur, Mr. Hale was returned to ADX later than expected. In addition, while Mr. Hale has been returned to Colorado, his legal materials apparently have not yet been sent from Terre Haute. As a result, he has not been able to take depositions.


As for the first factor for the Court to consider, trial has not yet been set in this matter. The second and third factors – whether the motion is opposed and whether a party would be
prejudiced – the motion is not opposed and it appears that, were the Court to deny the motion to extend, Mr. Hale would incur prejudice. Regarding the fourth factor (whether the moving party has been diligent in its efforts to obtain discovery) the Court has some doubt that the BOP has, however, any harm that might occur if the Court denied the motion to extend would impact Mr. Hale more so than the BOP. In addition, whether Mr. Hale is able to obtain discovery regardless of his diligence is largely out of his control given his incarcerated status. Lastly, the motion does not address the foreseeability of the need for additional discovery (though it represents that the parties will work diligently to complete the depositions in the additional time allotted) nor the likelihood that the discovery will lead to relevant evidence.

In light of the fact that Mr. Hale has not had the opportunity to take depositions, the Court sees no choice but to grant the Joint Motion to extend. However, the parties asked for, but not shown a need for, an additional 75 days. Mr. Hale is now back in Colorado, and the parties, who have known that these depositions will need to occur for quite some time, should be able to complete them promptly. The Court shall allow an additional 60 days for Mr. Hale to complete discovery and for both parties to file dispositive motions. The BOP is directed to fully cooperate and assist in facilitating depositions.
The Court hereby GRANTS in PART the Joint Motion to Extend (# 152). The parties shall have until June 2, 2017 to complete discovery and until June 30 to file dispositive motions.




VI. CONCLUSION


The Court DENIES the Motions to Join (#s 115-121, 122, 123, 127-132, and 136). Mr. Hale’s Motion for Leave to file a Reply (# 139) is denied as moot. Mr. Hale’s Objections (# 137) are overruled, and the Court adopts the Magistrate Judge’s Order (# 126). The Joint Motion to Extend (# 152) is GRANTED in PART.


Dated this 26th day of April, 2017.
BY THE COURT:


Marcia S. Krieger

Chief United States District Judge



 
 
 




 
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Rev Hale's response... FREE MATT HALE site.....

Motion to Enjoin the Defendant, pursuant to rule 26CC, from blocking Plaintiff from raising funds to pay for court allotted depositions