Joseph L. Puente
P.O. Box 262
Mt. Pleasant, UT 84647

The Respondent hereby respectfully petitions the court for an order dismissing the EX PARTE CIVIL STALKING INJUNCTION for the following reasons:

1. The Petitioner filed the injunction only AFTER she and her employer (a VA contractor) received a written complaint from the Respondent (a VA patient) regarding his quality of care.

The immediate action of the Petitioner and her employer, lodging a fraudulent complaint with the VA Police, and the subsequently inflammatory injunction was a retaliatory act against the Respondent for lodging HIS complaint about his care.

VA Policy for patient complaints, as described in Section IV of the Department of Veterans Affairs pamphlet number IB 10-160 (April 2002) states that a patient “may complain verbally or in writing, without fear of retaliation.” (emphasis added)

2. The Petitioner sites the publication of two Letters to the Editor (copies attached) written by the Respondent as evidence “SUPPORTING ALLEGATION OF STALKING.”

The Respondent was exercising his first amendment right to freedom of expression and, in doing so, made no mention of the Petitioner, her employer, coworkers or industry.

3. The Respondent has severed all contact with the Central Valley Medical Center and the Fountain Green Medical Clinic and therefore has no reason to communicate or interact with their employees, including the Petitioner, making the injunction redundant and unnecessary.

4. The actions of the Petitioner and her coworkers in submitting this injunction and the fraudulent claims made to the VA Police against the Respondent has had a detrimental effect on his physical, emotional and psychological well being.

The Respondent has been taken to the emergency room twice and at one point been hospitalized for two weeks at the VA Medical Center in Salt Lake City.

Respectfully submitted this 25th day of January, 2006.

By: ____________________

Joseph L. Puente

acting pro se