Free Letter - District Court of Delaware - Delaware

Case1:99—cv-00757-JJF Document152 Fi|ed10/13/2005 Page10f3
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(i>Sgg\ 'To; The Honorable Joseph J. Earnan
U.S. District Court for
the District of Delaware
844 King Street Lock Box 27
Wilmington, DE 19801
October 9,2005 _ _ U
*"`"`" ii. H. i
RE: Carter v. Taylor et,al I ;__yp;;_;F{__ ·
99-757-JJF Y" f i
\ 1 f 1 A
Dear Judge Farnan: Q i*_**#____ré _; g
You recently set a date of December 1,2005 lor _i
Conference in the above cited case. I as a pro.f§€"Titigantw—'f_J-
have with all diligence attempted to obtain information and
or documentation that would be of substantial benefit to the
presentation of my case. I have however found little compasion
from state personnel. As I stated in my original complaint,
a May 1999 News Paper article quoted a Superior Court Admin-
istrator named Thomas J. Ralston as saying, "It gets to the
point where the clerk at D.C.C. and the clerk at Ganderhill
can look at the same order and come up with different release
dates".
l'm sure that ¥our Honor will agree that a clear duty exist-
ed for the Superior Court to inform the Department of Corrections
of it's concerns, and to do nothing was unethical. Based on my
confidence in the Superior Court doing the right thing, I wrote
to the Courts Administrator, and the Deputy Prothonotary certi-
fied letters requesting any proof of any such action taken as to
this issue. Neither has responded. Due to my desire to be pre-
pared fully on December lst, I now respectfully make this re-
quest, which is that Your Honor request production of any docu-
mentation that relates to problems in calculation of sentences
during the relivant time periode of 1998 thru 1999.

H Case 1:99—cv—00757-JJF Document 152 Filed 10/13/2005 Page 2 of 3
I the Plaintiff believes that by Your Honor making the re-
quest it will be honored, and that my there being done an in
camera inspection the Defendants can not once again raise the
claim of priviledge. The Plaintiff is agreeable to a order be-
ing prepared establishing that information was provided to the
Department of Corrections, and the identity of those contacted.
It would also seem logical that a similar request be presented
to Commissioner Taylor.
Plaintiff also contacted by certified mail Davi Mozie Di-
rector of Adult Offender Program of Delaware Center for Justice.
The request to her was that I be provided withx a copy of the
original grievance I filed pertaining to miscalculation of my
sentence. I further requested any information establishing the
compliance of the Department of Corrections as to their own Ad-
ministrative Remedies. A phone call from Ms. Mozie informed me
that eventhough a member of the Center had been monitoring the
hearing she was not sure if information concerning each griev-
ance was retained back then. Further she was reluctant to pro-
vide any definate trends as to compliance, however she did in-
fact state that at this present time DCC was on probation for
its violation of the minimum standards.
Your Honor for whatever you decide that my request can not
be honored I request that you at least consider granting me a
request for four Subpoena duces tecum naming those I have ident-
ified herein. I thank you for your time and patiance.
Res egtfully submi d
. ” J
éherman A. Carter pro.,se
xc: DAG. Stuart B. Drowos

1:(39-cv-00757-JJF Document 152 F1|ed 10/13/2005 Page 3 0f 3
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