Free Order on Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cv-00720-JCH

Document 55

Filed 02/04/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

WILLIAM CONNELLY Plaintiff v. DAVID COSGROVE, ET AL Defendants

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PRISONER CIVIL ACTION NO. 3-00-cv-720 (JCH)

RULING ON PENDING MOTIONS The plaintiff seeks an extension of time to respond to the court's order to submit 285 United States Marshal's forms and seven copies of the amended complaint. The motion is granted. The plaintiff also asks the court to waive the requirement that he submit seven copies of the amended complaint or in the alternative order prison officials to make the copies free of charge. The plaintiff claims that he does not have enough money in his prisoner account to pay the cost of copying the amended complaint and the counselor who usually makes the photocopies is on vacation. The plaintiff does not indicate that he has submitted a request to prison officials for copies of his amended complaint or that prison officials have denied any such request. The motion for waiver of the copy requirement is denied without prejudice. The plaintiff is directed to submit a request for seven copies of his amended complaint together with a copy of this court order to the appropriate prison official at the MacDougall Correctional Institution. If the prison

Case 3:00-cv-00720-JCH

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Filed 02/04/2005

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official denies the request, the plaintiff may renew his motion. Conclusion The Motion for Extension of Time [doc. #53] to respond to the court's order to submit 285 forms is GRANTED. The Motion for Waiver of Requirement to Submit Copies of the Amended Complaint [doc. # 52] is DENIED without prejudice. The plaintiff is directed to complete one 285 form for each of the following defendants in his or her individual capacity: Virginia Golemba, Mark Strange, John O'Neill, Christine Whidden, C.O. Serrano and John Cupka. The plaintiff should use the addresses he has provided to the court in his second amended complaint for these forms. The plaintiff is also directed to complete ONE 285 form to be served on defendant Cupka c/o Attorney General to be used to serve defendant Cupka in his official capacity. The address for the Attorney General is 55 Elm Street, Hartford, CT 06105. The plaintiff shall also complete one Notice of Lawsuit and Waiver of Service of Summons form and one Waiver of Service of Summons form for each of the above defendants in his or her individual capacity and one Notice of Lawsuit and Waiver of Service of Summons form and one Waiver of Service of Summons form for defendant Cupka his official capacity. In addition, the plaintiff is directed to submit SEVEN copies of the second amended complaint. The plaintiff shall complete and return the enclosed forms and the copies of the second amended complaint within twenty days of the date of this order. The plaintiff is cautioned that failure to return the forms and/or copies of the second amended

Case 3:00-cv-00720-JCH

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Filed 02/04/2005

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complaint in a timely manner to the Clerk at 915 Lafayette Boulevard, Bridgeport, CT 06604, may result in the dismissal of this case as to any defendant for whom a form and/or copy of the second amended complaint is not returned, without prejudice and without further notice from this court. Upon receipt of the Marshal forms, the Clerk is directed to forward the appropriate papers to the U.S. Marshal. The U.S. Marshal is directed to serve the complaint on defendants Golemba, Strange, O'Neill, Whidden, Serrano and Cupka in their individual capacities and on defendant Cupka in his official capacity and to file a return of service within sixty days of the date the U.S. Marshal receives the service papers from the Clerk's Office. Each defendant is hereby ordered to file an appearance within sixty (60) days from the date he or she signs a waiver of service of summons. SO ORDERED. Dated at Bridgeport, Connecticut this 3rd day of February, 2005.

______________________________/s/______________ Holly B. Fitzsimmons United States Magistrate Judge

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