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See final page #14 of 2nd Essay for some tips. Essay #1 (Pg 1) The time frame, save for a few past referrence dates, is June 02, 2020 through till June 12, 2020, but not limited to. The topic. "The Bureau of Prisons, under the direction of the Attorney General shall --" As stated in 18 U.S.C. §4042 (a). "Have charge of the Management and Regulation of all Federal penal and correctional institutions," §4042 (a)(1). "Provide suitable quarters and provide for the safe keeping, care and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses, or otherwise;" §4042 (a)(2). "Provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States;" §4042(a)(3) (See Exhibit (1)). And the failure to provide thereof. And see 28 C.F.R §0.95(a), (b), (c), and (d). From June 02, 2020 through June 12, 2020 but not limited to, the Bureau of Prisons failed in clearly established law provided supra in (1) the Management and Regulation, (2) provide suitable quarters'..., the safekeeping, care, and subsistence of all persons, ... and (3) protection, instruction, and discipline of all persons... Bureau of Prisons (BOP) and the United States Marshals Service (USMS) and their overzealousness to "get things underway' (see Exhibit (2)) In DKT. #26 of Case 3:20-CV-00360-JPG, Gentry V. Carvajal filed 6.12.2020, Paragraph (2) Page (1) final sentence, "presently, movement of inmates between BOP facilities is not a priority 'in light of' limited resources" (See Exhibit (3)). In memorandum 151-90(5510) subject: Control of Inmates of the Correctional Services Manual, of current or old, approved (signed by) Assistant Director, Patrick R. Kane, Correctional Programs Division "Offender forced to comply with unreasonable and unnecessary routines loose respect for authority which imposes them." (See Exhibit (4)). Also within this exhibit (4) ACA Standards C2-1053 and C2-4172 "Inmates are to be protected from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment." From June 02, 2020 through June 12, 2020 Bureau of Prisons, and FCI-Greenville's actions and inaction are in violation of the following internal guidelines for the Bureau of Prisons (See Exhibit (5) DKT #10 Pg. 8 Essay #1 (Pg 2) of 22 top three (3) lines.) The internal guidelines I bring forth; and, are directly referenced in showing the American Public, and in addition, first hand knowledge, which was witnessed by at least one person, my cell mate, [redacted], as well as other inmates; accounts of this writers verbal conversations with Bureau staff and officials in Greenville, FCI, and inmates of what happens, is happening, has happened, and was going to happen. I would like to make referrence to the following three (3) exhibits that ' have potential to show up in given testimony by this writer of verbal conversations and Bureau of Prisons and the United States Marshals Service overzealousness which violated 18 USC §4042 supra and as such indangered the lives of over a thousand inmates and staff, as well as the public. Exhibit (6) See Program Statement 6010.05 Health Service Administration @ §(4)(b) Exhibit (7) See Program Statement 6190.04 Infectious Disease Management @ §9(c), 9(c)(1), and 9(c)(3) but not limited to. The three (3) mentioned are dealing with varying portions of Airborne precautions for small (and/or large) particle organisms, the treatment and care of inmates showing signs and symptoms, and varified, positive test results, their care and transportation. What escort personel and staff assigned to watch over them in isolation units fitted with negative pressure rooms designed to keep Airborne Particles out of the air. Such personel are to be fitted NIOSH-certified Respirator(s) (N-95 efficiency or better) These internal guidelines are very specific. And, Exhibit (8) When I bring reference is made to this exhibit I will simply write (Ex. (8) @ (?)) Exhibit 8 is DKT. #10-3 is 10 Pgs. and 35 paragraphs. The (?) will read on of these paragraphs as to referrence. The following paragraphs and what they represent are as follows: Exhibit (9) Document 40 of my Court Case I cite the whole document. Essay #1 (Pg 3) See below all the way till page 4 (#35) for referrence to Exhibit (8) (7) and (9) are part(s) of section Titled: "Action Plan for COVID-19 - Phase Two." (12) is part of Section Titled: "Action Plan for COVID-19 - Phase Four." (21), (23), and (24) are all part of "Action Plan for COVID-19 - Phase Six." (IIc) "Steps Taken at Greenville To Address COVID-19. This Section Header is ended with footnote 8. Footnote 8 States: "This declaration is not all exclusive, as it does not describe all of the precautions that have been implemented at FCI-Greenville to combat COVID-19. Instead it summarizes the main components.") (35) is part Titled: Special Housing Unit, (III) Gentry's Housing Status. #7 "Asymptomatic inmates with 'exposure risk factors' were quarantined, and symptomatic inmates with exposure risk factors were isolated and evaluated for posible COVID-19 testing by local Bureau medical providers."4 (Footnote #4 "Throughout this declaration, "isolation" refers to symptomatic inmate being confined to a single cell within a designated housing unit or medical unit. "Quarantine" on the other hand, refers to asymptomatic inmates who may remain within their assigned housing units, together, but may not interact with staff or inmates outside of these housing units.) #9 "Additionally 'modified operations' the Bureau established a set of quarantine and isolation procedures for known or potential cases of COVID-19." #12 "Phase Four revises its preventive measure for all institutions specifically quarantine and isolation procedures to any inmate coming into an institution.... But still asymptomatic inmates were placed in quarantine for a minimum of 14 days. Symptomatic inmates; Isolation. #21 "'Exposure Risk Factors' Including whether inmate has had close contact with anyone diagnosed with COVID-19 in the past 14 days.... Following this initial screening, asymptomatic inmates are placed in quarantine where they stay for 14 day's. #23 "Inmates may also be placed in quarantine or isolation setting if they are Essay #1 (Pg 4) exposed to a person with COVID-19." #24 "The decision to test an inmate for COVID-19 is made by Bureau Medical providers and on a number of criteria including but not limited to, (2) "the inmate's potential exposure to COVID-19, and (3) whether the inmate is considered high risk." #35 "The Bureau and FCI-Greenville take the COVID-19 pandemic extremely seriously and have implemented numerous measures to proactively combat the spread of this disease to staff members' and the inmate population." (Dear Publishers) add herein below after page 5 essay #1 Morton v. Ruiz, 415 U.S. 199, 236, 94, 5.Ct. 1055 (1974) ("Where the rights of individuals are affected, it is incumbent upon the agency to follow their own procedures,"); Caldwell v. Miller, supra ("An agency must conform its action to the procedures that it has adopted... [because inmates have] the right to expect prison officials to follow [agency] policy and regulation.") Program Statement(s) is described as institutional Prison Official Policy which derives from C.F.R. Code of Federal Regulations, Code of Federal Regulations is policy set forth for the Agency, is also Law. Program Statement is not law, but is to be followed at minimum, internal guidelines. A few acronyms in pages to above and below. IDO = Institution Duty Officer BOP = Bureau of Prisons. U.S.M.S. = United States Marshals Service. F.C.I. Greenville, = Federal Correctional Institution - Greenville (This writers housing). HSA = Health Service Administrator / HSU = Health Service Unit (I believe). SHU = Special Housing Unit / P.C. = Protective Custody. C.O. = Correctional Officer. § = Section / §§ = Subsection (I believe) P.S. = Program Statement. Essay #1 (Pg5) ("Respondent [Michael Carvajal Director Bureau of Prisons] desires to update the Court on the ['] incidence['] of COVID-19 [']cases['] at the institution") (see sentence two paragraph 2); ("An incoming (newly arriving) inmate did test positive for COVID-19") (see: sentence one paragraph three)(Exhibit 9); and, ("As of Thursday, June 11, 2020, FCI-Greenville has had the first inmate test positive for COVID-19")(see: first sentence, paragraph one). What I find interesting is the first quote and definitions of the words that the Respondent uses: "Incidence" and "Cases." Both words used means, plural; more than one. The only problem is the second and third quotes above admit too one case. Lastly let's go back to Exhibit (9). Here inlies the most important, and, monumental factor: "Respondent desires to update the Court on the incidence of COVID-19 Cases at the institution in 'greater detail than the information that is shared with the public on the periodically updated BOP webpage @ http://www.bop.gov/coronavirus/ That's right American Citizens. Your loved one's whom are incarcerated with whom safety you are concerned, the Bureau of Prisons is stating in official court documents that they do not, and practice such as, to deny the public with 100% detail with what's happening within institution walls with their loved one's and the death toll of COVID-19 disease. No more conspiracy theory senerios. The truth here and now, and, in black and white.
