Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00791-SLR
JOSEPH R. BIDEN, III
Attorney General

Document 26

Filed 08/29/2007

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DEPARTMENT OF JUSTICE

NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 5778500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 PLEASE REPLY TO:

KENT COUNTY 102 West Water Street Dover, DE 19904 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545

SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5353 Fax: (302) 856-5369 TTY: (302) 856-2500

August 29, 2007
[New Castle County-Civil Division]

The Honorable Sue L. Robinson United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Dear Judge Robinson: On August 20, 2007, Plaintiff Raymond L. Bruton, Sr., filed a Motion for Preliminary Injunction (the "Motion") asking the Court to order "defendants to release him to allow the Board of Parole's Orders to be carried out as instructed on July 2007, ...." (D.I. 25). Please consider this letter as State Defendants Pamela A. Minor, Cheryl Regan and Raphael Williams's response to the Motion. On July 24, 2007, the Delaware Board of Parole (the "Parole Board") met to determine whether to parole Mr. Bruton. At the meeting the Parole Board granted Mr. Bruton's request for parole. By the terms of the Certificate of Parole, Mr. Burton was "paroled to Level 4 Crest and Level 4 work release until short time release date followed by level 3." After the Parole Board's decision, Mr. Bruton's name was placed on the waiting list for bed space at Level 4. On August 21, 2007, Mr. Bruton was transferred to the Webb Correctional Facility while he continued to await bed space for Level 4 at the Plummer Community Correctional Center. On August 29, 2007, bed space became Bruton v. Minor, et al., D. Del., C.A. No. 06-791-SLR

Case 1:06-cv-00791-SLR
The Honorable Sue L. Robinson August 29, 2007 Page 2

Document 26

Filed 08/29/2007

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available at the Plummer Center and Mr. Bruton was moved there to serve his Level 4 time in accordance with the Parole Board's orders. It is clear that the State Defendants have not violated Mr. Bruton's rights. He was moved in a timely manner in accordance with the Parole Board's orders. Therefore, the State Defendants respectfully request that this Court deny the Motion. If the Court has any questions or concerns, or believes that a more formal response from the State Defendants is required, please contact the undersigned counsel at (302) 577-8400. Thank you. Sincerely, /s/ Erika Y. Tross Erika Y. Tross Deputy Attorney General Attorney for State Defendants cc: Raymond L. Bruton, Sr., Plaintiff