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

` A Case 3:00-cv-00720-JCH Document 154 Filed 10/10/2007 Page1 of 2 I {
UNITED STATES DISTRICT COURT I L
DISTRICT OF CONNECTICUT Zum Um IO D I: uq
Vlhlliam Connelly : No. 3:0OCV720(JCH) ,, .
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Theresa Lantz /0 '/0"0 7s
MQTIQN PUR§UANT TQ RULE 83lb) U
Plaintiff, Vlhlliam Connelly, pursuant to Rule 83(b) cf the Federal Rules of
Civil Procedure, moves the Court to enter a consent decree based on
representations in the defendant's Reply Memorandum in Support of Summary _
Judgment. _
On page 3 of the brief, the defendant states the plaintiff will be eligible for
"transfer parole" pursuant to section 54·125h on May 13, 2008. The plaintiff asks
that this acknowledgement be stipulated in a decree to the effect that the plaintiff
is eligible for consideration for such parole on May 13 and may submit an
application based on such eligibility. The defendant offers Exhibit B,
Administrative Directive 11.2, and cites Gen. Stat. section 54-125h as
authorization for releasing the plaintiff to the community. Although it appears to
the plaintiff that A D. 11.2 applies only to a person already in a community
residential program, the plaintiff will accept the defendant's interpretation.
I On pages 4 and 5 of the brief, the defendant states that the Commissioner
has the discretion to override classification guidelines and release the plaintiff to
a private home or public or private halfway house at this time. The plaintiff asks

Case 3:00-cv-00720-t1CH Document 154 Filed 10/10/2007 Page 2 of 2
that this acknowledgement be stipulated in a decree to the effect that the plaintiff
may submit an application and be considered for such release at this time.
Therefore, the plaintiff requests the Court and the parties fashion a
consent decree stipulating that the plaintiff is currently eligible to apply and be
considered for early release (1) under section 18-100(e) to an
approved/sponsored private home or public or private halfway house and (2) will
eligible and may submit an application for "transfer parole" under section 54-
125h on May 13, 2008.
lf a satisfactory decree cannot be effectuated, the plaintiff does not, by
virtue of this motion, relinquish his ex post facto claim that he is currently eligible
to be considered for release to an approved private home or public or private
halfway house pursuant to Gen. Stat. section 18-100(e)(1989) and Administrative
Directive 1.6 (1989) and that he may initiate the application according to A D. 1.6 .
upon a favorable decision by this Court.
Respectfully submitted,
ur at/\.
Vlhlliam Connelly
r #189009
Enfield Correctional institution
289 Shaker Road
Enfield, CT 06082
Certification.
This is to certify that a copy of this document was mailed to Steven R. Strom,
Assistant Attomey General, 110 Sherman Street. Hartford, CT 06105; tel: (860)
808-5450; fax: (860) 808-5591.
Date: /¤ ·/0~ 0 2 am Connelly