a false representation as legal advisor. Timberwolf's intentional
wrong behavior with respect to the false promise to prepare and file
a § 2255 motion in behalf of Plaintiff Christian Borda constitute a
deceptive act as appears reflected on the Declaration and Exhibits
submitted in support of this Claim for damages.
GOVERNING LAW

"The cause of action for fraud in the false promise of
legal advise and representation has several Common law causes of
action, including fraud in the inducement sounding in tort and resci-

ssion sounding in contract." IN RE State Of Mckenny, 935 A.2d 336-41

(D.C. 2008)
"Any person who shall be injured by
reason of anything forbidden in the
commercial laws may sue therefore in any
district court of the United States...
and shall recover threefold the damages
by him sustained."

Because Plaintiff's claim sounds in tort, it is not, by its nature,
an issue arising under the contract. "The Tort Claim is collateral to
the terms of the contract itself," and thus, Timberwolf has no bering
on the question of whether Plaintiff have stated a claim for the tort
of fraud in the inducement. In sum, district of Ohio governs this claim
in all respects.

Plaintiff is alleging a false representation as a court consultants
and research group in behalf of Plaintiff.[See Documents received as
part of the inducement ] Authorizing the production of Plaintiff's
file in possession of the attorneys: Marcia Shain [Appeal] And Eduardo
Balarezo.[Trial attorney]

PLaintiff have suffered the unfair injury as a consequence of

their reliance on the misrepresentation.

2


CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing

documents: COMPLAINT FOR FRAUD AND FOR IMMEDIATE ISSUANCE OF
SUMMONS ON ALL DEFENDANTS PURSUANT TO FED.R.CIV. P.
4(i) ; ORIGINAL COMPLAINT FOR DECEPTIVE ACT AND
FRAUDULENT MISREPRESENTATION IN VIOLATION OF CONSUMER
ACT: SERVICE OF SUMMONS: DECLARATION AND EXHIBITS IN
SUPPORT: MEMORANDUM OF POINTS AND AUTHORITIES,

has been send to the office of Dennis Hartley, Senior Counsel, for
Timberwolf, and that such copies has been deposited for delivery
in the mail box of this facility, Oakdale 1 on this 24 th., day
of August, 2018, to:

Dennis Hartley, General Cuounsel at Timberwolf

Ken Payne, Admistrator, Timberwolf,
James Houk, Investigations &Research Heat for Timberwolf Litigation

112 East High Street, Eaton Ohio, 45320

Christian Borda,In Pro-Se
49353-0053 Unit A-1

FCI Oakdale 1

P.O.BOX 5000

Oakdale,LA 71463


Timberwolf deceptive actions prejudiced with malice intent to
continuing the preparation and file of Plaintiff's legal action
under § 2255, because since March 5, 2018 they have possession of
the entire record and Plaintiff's files, [See Exhibit 9 ] and still
in control of then without any result.

The material misrepresentation and deceptive act that is causing
an ascertainable loss in the amount of $ 14.600 dols.,which collateral
damages need to be evaluated by the court and also punish the
defendants to deter similar conduct in the future.

"Unfair or deceptive ats or practices
in the conduct of any trade or commerce."

OHIO CSPA makes it unlawful for a supplier to engage in an
unfair or deceptive act or practice in connection with a consumer
transaction. OHIO REV. CODE 1345.02 (A) it defines consumer tansaction

as....a servise, assigment...etc.

The essential elements of cause of action for fraud or deceipt
are: Misrepresentation a fraudulent utterance thereof, and intention
to induce action thereby, justificable reliance there on , and
damages.

CONCLUSION
Plaintiff Christian Borda is meeting the essential elements
of cause of action for fraud and deceptive legal research for his
§ 2255 motion. For this reasons he is praying for service of summons

and proper resolution of this demand for damages.

Respectfully, ¢
san) Fan

Dated: This2Yday of August, 2018 Christian bette in Provge

49353-053 Unit A-1
FCI Oakdale 1
P.O.BOX 5000 Oakdale,LA 71463



The Sixth Circuit then Noted:
witl..if the agents responsible for the adverse
conduct are the officers or directors of the
principal and those officers or directors" so
dominated and controlled the [principal] that
{the principal] had no separate mind,will or
existence of its own,"then the officers and
directors are deemed the"alter egos" of the
principal and any malfeasance of their parts is
directly attributable to the Principal."

Terlecky v. Hurd(In Re Dubling Sec.) 133 F.3d 377
(6 Cir. 1997)

Plaintiff's Cause of Action for Punitive Damages to deter
Timberwolf from similar conductin the future, is requested by
law, because by the advertise offered in magazines and the net.
others could be injured.

Plaintiff is requesting and order for the reimburse of the
money payed to Timberwolf , plus the cost of the personel involved
in this unfair representation.

Timberwolf failed to adequately prepare and file § 2255 Motion
which last filing date was June 26th., 2018. Defendants engaged in
deceptive acts by claaiming that they had "experienced attorneys"
and legal adviser to represents properly his clients in the court.
Contrary, by Timberwolf's negligence and reckless, the Plaintiff's
§ 2255 motion never was filed in detriment of Plaintiff's interests.

In ligh of the obvious deprivation of necessary access to the
court, Defendant's refusal to provide legal assistance and research
preparation , is a false representation of their advertising which
result is an act that caused substantial injury.

"An act is unfair if it causes or is likely to cause
substantial injury to consumers which is not reasonably

by consumers themselves..." Davis v- McGoigan, 325 S.w 3d 149
161-62 (Tenn 2010)

3


8. I declare and stated that no documents or any response
to my requests for proper and just preparation of tolling due to
the "exceptional circumstances" that the Timberwolf' Team has been

confront in order to fulfil my § 2255 motion, nothing else.

9. I declare that by the unprofessional and irresponsible
actions by Timberwolf Litigation and Research Services, I 'm
adversely affected and impeaded to continuing my litigation pursuing
the criminal case under § 2255.

I declare that the foregoing is true and correct pursuant

to 28 U.S.C.§ 1746.

Sincerely,

DATED: August 24th., 2018
: ~"<

Christian Borda
49353-053 Unit A-1
FCI Oakdale 1
P.O.BOX 5000
Oakdale, LA 71463



Christian Borda es
49353-053 Unit A-1 oO
FCI OAKDALE 1 aa
P.O.Box 5000

Oakdale, LA 71463
Pro-Se Litigant

IN THE UNITED STATES DISTRICT COURT =
SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

2180V990

CHRISTIAN BORDA, CASE No:

Plaintiff,

GOMPLAINT FOR FRAUD AND FOR
IMMEDIATE ISSUANCE AND SERVICE OF
SUMMONS ON ALL DEFENDANTS . PURSUANT
TO FED. R=VCIV. PROC. 4(i)

ROOM: _. aes
DATE:

To Honorable United States Judge

vs.

DENNIS HARTLEY,

JAMES HOUK,

KEN PAYNE, et al
TIMBERWOLF LITIGATION

Defendants.

mmm

. TAKES NOTICE that in the above designate Court Room Christian
Borda, in Pro-Se, respectfully prsents the Notice and Complaint for
deceptive act and fraudulent misrepresentation in violation of
Consumer Protection Act.

1. JURISDICTION 28 U.S.C. §§ 1331 and 1391
Plaintiff is a prisoner incarcerated in FCI Oakdale 1, Oakdale,
Louisiana;
2. Defendants are individuals who resides in Ohio, and are
citizens of the United States.
3. This court has jurisdiction of this action because:
a.) there is a complete diversity of citizenship between the
Paintiff and Defendants;
b.) The matter in controversy exceeds the sum of $ 10,000 dols.

exclusive of interest and cost.


DECLARATION IN SUPPORT
I, Chistian Borda, Plaintiff in the present demand for fraud
declares and states as follows:
1. I state and declare that in the interest of prepare and
file my §2255 which deadline was June 26th., 2018, I iniciate a
commercial deal with Timberwolf Litigation & Reaserch Servicess,LLC.
2. I Declare that as a prospective Customer I was served with
a complete Pack of advertising that make me choose Timberwolf as the
Team for the research and preparation of my § 2255.[11/7/17, "“EXH"4]
3. I Declare and state that by 12/4/2017, my family deposited
through Lisa Paez the total of $2,500 dols, as down payment on the
$7,500 dols. that were accordated for the fulfilment of my §2255
motion.
4. I declare and state that another $ 2,000 dols. were paid

after the authorization and release of my entire legal files.

Ss I declare and stated that for more of 3 months I was

without any expanation of the final results of the services paid
to Timberwolf's Team, and in a desperate situation, due the deadline,
I contracted a paralegal services of Rafael Giraldo to update what
Timberwolf had done, and healping to finest on time my § 2255 motion.

6. I declare and states that James Houk by May 3,2018 wrote:
“That Mr. Ken is now back in the country and taking all the calls
he is behain on", but he never answer to Mr. Giraldo.

7. I declare and stated that by the unfair response on May 13,
2018, 45 days before the deadline to file my § 2255 motion, I was

clear that the Timberwolf's Team deceip me and mislead my family.
[See "EXH." 8(i) Front/back ]


Christian Borda
49353-053 Unit A-1
FCI Oakdale 1
P.O.BOX 5000
Oakdale, LA 71463
Pro-Se Litigant

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHRISTIAN BORDA, ) P2718 V9I90
CR-CASE:
Plaintiff, 2
) ORIGINAL COMPLAINT FOR DECEPTIVE
Vs. ) ACT AND FRAUDULENT MISREPRESENTATION
) IN VIOLATION OF CONSUMER PROTECTION ACT.
DENNIS HARTLEY and 2
TIMBERWOLF LITIGATION, ) SERVICE OF SUMMONS
»)
Respondents. 5 DECLARATION AND EXHIBITS IN SUPPORT
) MEMORANDUM OF POINTS AND AUTHORITIES

COMES NOW, Christian Borda, in Pro-Se, respectfully, urges this
Honorable District Court for a service of summons and response to
the original complaint for fraud in the false promise of legal advise

and representation to prepare and file a § 2255 motion,

Plaintiff Christian Borda is suing the attorney Dennis Hartley,
for fraud as legal representant of Timberwolf.[See Exhibits Attached]

BACKGROUND
After the appeal's result, affirming his sentence, Plaintiff

has been searching for professional assistance to prepare and file

his § 2255 motion.

Timberwolf's advertise offers a legal advise and research
sevices for legal actions in court, in the present case, the § 2255
motion to be represented by the attorney Dennis Hartley.

The Plaintiff is direct purchaser of defendant's service. In

fact, plaintiff is injured by virtue of a deceptive act by knowingly


knew that they were false.

8. The defendants made the false representations with the
intent that the Plaintiff would rely on them, and pay for the
preparation of a § 2255 motion in Plaintiff's behalf.[Exhibits: 8(a)
to 8(i)]

9. At the time that the representations were made, the
Plaintiff believed that they were true.

10. The Plaintiff relied on the representations, to receive
professional advise and proper legal research to prepare a §2255
motion in his behalf, but not to be prejudiced by the abandom of his
opportunity to file his § 2255 before the June 26th., 2018, plus
$4,600 dols., payed to to Timberwolf, and cost of documentation and
expenses in total of $ 10,000 dols.

141. By reason of these facts, the above Plaintiff has been
damaged in the total sum of $14,600 dols.

12. Plaintiff demands trial by jury.

PRAYER
Plaintiff demands judgement against defendants:
A. In the sum of $14,600 Dols. for compensatory damages;
B. For punitive and exemplary damages as determined by the
trier of fact;

C. For cost of suit.
Dated: This 24day of August, 2018.

ecom

Christian Borda, In Pro-Se
49353-053



4. CLAIM FOR RELIEF

Since November 7, 2017, Defendants and Plaintiff were negotiating
conserning the services by Timberwolf as legal adviser and research
group for a § 2255 Motion, which dateline was June 26, 2018;

5. At this time, Defendants falsely and fraudulently represented
the plaintiff interests:

A.) That Complaint of Causes of Action here represents a legal
action against the Defendant's . misrepresentation of services offered
by Timberwols's Team: Ken Payne, Administration, James Houk, Investi-
gations & Research, and Dennis Hartley, Attorney and General counsel

at Timberwolf.[ See Exhibit 2. Advertising]

B.) The Defendant's Instructions for the Lawyer release Form
were received and the entire legal file was received and unfortunately

retained without any result by the Timberwolf Team.[See Exhibit 3(a)(b)]

6. The representations made by the Defendants were false and
fraudulent:

i. On November 7, 2017, Sandra Paez, acting in representation of
Plaintiff Christian Borda, iniciated a payment plan with Timberwolf
Head Research James Houk. The payment Plan was iniciated as appears
reflected by the Exhibits and documents prsented in support of this
Complaint. [See Exhibits 4(a)(b)(c)(d)]

ii. On December 4, 2017, the downpayment for Timberwolf services
were fulfil. [See Exhibit 5. Transaction slips]

iii. The proper information requested by Timberwolf were current
contact information and the information sended by James Houk was used
by Plaintiff without response. [See Exhibits: 6 and 7.]

7. At the time that the representations were made the Defendants

2