Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:01-cv-02166-JCH

Document 108

Filed 11/23/2004

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

DUANE ZIEMBA v. JOHN ARMSTRONG, ET AL.

: : :

NOVEMBER 22, 2004

DEFENDANTS' OBJECTION TO PLAINTIFF'S MOTION FOR PERMISSION TO FILE AMENDED INTERROGATORIES ON DEFENDANT ARMSTRONG The defendants object to the plaintiff's above captioned motion and in support thereof, submits the following: A. The plaintiff, a pro se inmate, has filed numerous sets of interrogatories directed

to all of the defendants, including John Armstrong, the former Commissioner of the Connecticut, Department of Correction. B. Defendant Armstrong has responded to the plaintiff's interrogatories. Indeed, the

plaintiff acknowledges in his above captioned motion that defendant Armstrong has complied with his responses. C. D. The deadline for conducting discovery has long since passed. In July, 2004 the defendants filed a motion for summary judgment, to which the

plaintiff has not responded. It appears that the plaintiff is attempting to delay his response to defendants' motion by embarking on this continued discovery. E. Plaintiff's proposed Amended Interrogatories, which he attaches to his motion,

are irrelevant and immaterial to the pending case.

Case 3:01-cv-02166-JCH

Document 108

Filed 11/23/2004

Page 2 of 2

WHEREFOR, the defendants request the Court to deny plaintiff's motion and set a deadline for his response to defendants' Motion for Summary Judgment.

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 22nd day of November, 2004: Duane Ziemba #128963 Garner Correctional Institution P.O. Box 5500 Newtown, CT 06470

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

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