Free Letter - District Court of Delaware - Delaware

Case 1:99-cv-00757-JJF Document 164 Filed O3/23/2006 Page 1 of 2
To: Judge Joseph J. Farnan Q5
United States District Court Q 15 M}
for the District of Delaware
844 King Street g -
Wilmington, DE 19801
March 19,2006
RE: Carter v. Taylor, et, all defendants
Civil Action No. 99-757-JJF
Dear Judge Farnan:
Per your instruction in your December 5, 2005 order, I am
notifying you in writing that it is clear that representation
will not be appointed at the appellate level. As background I,
submit the following.
On December 1,2005, the Court held an in—court conference
to discuss the status of the case in light of the appeal, which
was filed by defense counsel, claiming that this court had errored
when it denied defendants claim of qualified immunity. The record
indicated that the Court had requested representation for the
Plaintiff, but Plaintiff's case was not selected by the then—a-
vailable attorneys. Your Honor assured me that he would be able
to now find someone to represent the Plaintiff. It was only due
to the insistence of defense counsel that the Court opted to al-
low the Appellate Court the opportunity to provide representation
as this Court was lead to believe that such would happen. Plain-
tiff voiced his apprehension as to the real reason behind counsel
's position. It was this apprehension that influanced this Court
to retain jurisdiction insofar as the appointment of counsel is
concerned.
On March 17,2006 the Plaintiff was notified that unless he
submitted an affidavit of poverty , no action could be taken as to

_ Case1:99-cv—OO757—JJF D0cument164 Filed O3/23/2006 Page20f2
the request for appointment of counsel. Since the Plaintiff is l
unable to meet the requirements of poverty the Plaintiff has no-
tified the Motion Attorney of the Appellate Court that he would
not waste the Court's time by any such filing.
The Plaintiff suspects that Counsel for the Defendants have
acted once again in a manner that only serves to drag out conclus-
ion of this case. In support of the Plaintiff's position I submit
for your Honor's review the "Appellants' Memorandum In Support of
Appellate Jurisdiction" along with your Honor's own decisions as
to the matter of qualified immunity. I the Plaintiff thank you in
advance for your wisdom, and assistance in this matter.
Re—pe• fully submit ·d
rv {\ c/P "
C ( I = A
Sherman A. Carter .
xc: Aaron R. Goldstein DAG
Third Circuit Court of Appeals
I