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

Case 3:01-cv-02166-JCH

Document 116

Filed 07/21/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PRISONER CIVIL NO. 3:01CV2166 (JCH)(HBF)

DUANE ZIEMBA v. JOHN ARMSTRONG, ET AL.

: : :

JULY 20, 2005

DEFENDANTS' MOTION FOR RETURN OF VIDEOTAPE The undersigned defendants respectfully request the District Court to return the videotape that was submitted as Attachment M to Defendants' Motion for Summary Judgment. In support thereof, the defendants submit as follows: 1. The plaintiff, a pro se inmate, brings this action concerning a series of incidents

occurring in March, 1999 at Northern Correctional Institution. 2. #92). 3. Enclosed with the defendants' motion for summary judgment, as Attachment M, On July 29, 2004, the defendants filed a motion for summary judgment (Docket

was a videotape recording made by Northern staff concerning the various incidents involving the plaintiff. 4. 5. The plaintiff has previously been provided with a copy of this videotape. In order to expedite the filing of the defendants' motion for summary judgment,

the undersigned provided the Court with the only copy of the videotape in the possession of the Office of the Attorney General. 6. By Ruling dated March 28, 2005, the District Court granted in part, and denied in

part, the defendants' motion for summary judgment. A trial date has been scheduled for January, 2006.

Case 3:01-cv-02166-JCH

Document 116

Filed 07/21/2005

Page 2 of 2

7. trial.

The defendants request the aforementioned videotape to assist in preparation for

WHEREFORE, the defendants respectfully request the return of the aforementioned videotape, or, permission to pick up the videotape from the Court. DEFENDANTS, John Armstrong, Kevin DeGray, Larry Myers, and Reginald McAllister RICHARD BLUMENTHAL ATTORNEY GENERAL

BY: ________/s/_________________________ Matthew B. Beizer Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct16304 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following this 20th day of July, 2005: Duane Ziemba #128963 Garner Correctional Institution P.O. Box 5500 Newtown, CT 06470

______/s/_________________________ Matthew B. Beizer Assistant Attorney General

2