Free Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00407-JCH

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : v. : : COMMISSIONER JOHN J. ARMSTRONG, et al.:

ANGEL CABALLERO, JR.

PRISONER Case No. 3:03CV407(JCH)

RULING AND ORDER Pending are four motions filed by plaintiff and one motion filed by defendants. First, defendants seek an extension of time to respond to plaintiff's requests for production. #22] is GRANTED. Plaintiff's motions all relate to his second amended complaint. On October 10, 2003, the court granted plaintiff's Defendants' motion [doc.

motion for leave to file the amended complaint, ordered the proposed second amended complaint docketed and ordered plaintiff to complete the forms required for the U.S. Marshal to effect service of the second amended complaint on newly added defendants Lajoie and Coates. On October 15, 2003, after receiving the

court's order, plaintiff filed three motions. In the first motion, plaintiff attempts to withdraw his

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pending motion to amend.

Because the motion to amend was granted

before plaintiff filed the motion to withdraw, the motion [doc. #19] is DENIED as moot. If plaintiff wishes to withdraw the

claims in the second amended complaint he should file a motion to withdraw without prejudice all claims against defendants Coates and Lajoie. In addition, plaintiff has filed motions seeking an extension of time to complete the service forms for defendants Coates and Lajoie and asking the court to "recant" its October 10, 2003 ruling. Plaintiff has not identified any reason why the The ruling was not incorrect

court's ruling should be withdrawn.

when it was entered and cannot simply be withdrawn because plaintiff has changed his mind. As indicated above, if plaintiff

no longer wishes to pursue his claims against defendants Lajoie and Coates, he may file a motion withdrawing the claims. the motion to recant [doc. #25] is DENIED. extension of time [doc. #22] is GRANTED. Thus,

The motion for Plaintiff shall submit

completed service forms or file a motion to withdraw the claims against defendants Lajoie and Coates within thirty (30) days from the date of this order. Finally, plaintiff asks the court to default all defendants for failure to appear in response to the October 10, 2003 order. In that order, the court directed defendants Coates and Lajoie to 2

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appear within sixty days from the date upon which they signed waivers of service of summons. These defendants cannot sign

waiver forms until plaintiff completes the required service forms and the U.S. Marshal effects service. Because no service forms

have been returned to the court, the request for entry of default [doc. #26] is DENIED as premature. In conclusion, defendants' motion for extension of time [doc. #22] is GRANTED. Plaintiff's motion to withdraw [doc. #19]

is DENIED as moot and his motions to recant [doc. #25] and for entry of default [doc. #26] are DENIED. extension of time [doc. #24] is GRANTED. Plaintiff's motion for Plaintiff shall submit

completed service papers or a motion to withdraw the claims against defendants Coates and Lajoie within thirty (30) days from the date of this order. SO ORDERED. Entered this 20th day of November, 2003, at Bridgeport, Connecticut.

______/s/________________ HOLLY B. FITZSIMMONS UNITED STATES MAGISTRATE JUDGE

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