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

Case 3:00-cr-00044-JCH Document 639 Filed 06/15/2007 Page1 of 2
IN THE
United States District C0u§?§§T gfgj
For The District of Connecticut muh?
j Todd Davender, ) ‘jp.,?T
P , , lT!iUUC?QpnpT
etitioner, ) ~;;;— ·E~s ,;;~
g trim. NO. 3E004CR—44(JCH)
) civ. NO. 3:04-cv-1667 VS. l )
.- )
United States of America,
Respondent, )

m MOTION FOR SUMMARY JUDGEMENT
` - Fed.R.Civ.Pro. Rule 56(a) `
` I 1 0 t I
In Hall's response he claims that there were only itwo court [
orders to show cause. Petitioner states that this court entered an \
order to show cause three times. The dates being Oct. 14, 2004, March l
19, 2007 and April 23, 2007 and yet the respondent failed to comply. I
.Before receiving the Court's third order petitioner filed for summary
judgment for respondents failure to comply, dated April_25, 2007* On \
March 9th. 2007 petitioner filed a supplemental pleading stating
trial c0unsel's ineffective assistance because a variance occurred
between the charge and the proof at trial, in which the respondent
neglected to address.
For the foregoing reasons, the respondent forfeits the right to
this argument and the court may grant petitioner's summary judgment.
* The respondent did file an opposition reply dated May 15, 2007, a
‘ day late from the order given.

Case 3:00-cr-00044-JCH Document 639 Filed 06/15/2007 Page2of2
CONCLUSION
Wherefore because the respondent's opposition was filed out of I
time and neglects to address petitioner's supplemental motion filed I
I
March 9, 2007 (variance). The oppisition should be denied and I
petitioner's 28 USC § 2255 motion granted. ig I
Todd Davender
Dated: JUQQ, [O; 3-007
CERTIFICATE OF SERVICE
I, Todd Davender, hereby certify that I have served a true and
correct copy of the following: Motion for Summary Judgement.
Which is deemed filed at the time it was delivered to prison
authorities for forwarding to the court Houston v. Lack, 101 L.Ed.2d
2é5 (1989), upon the Court and parties to litigation and/or his/her
attorney(s) of record, by placing in a sealed, postage prepaid
envelpe addressed to:
Gordon H. Hall — A.U.S.A.
157 Church Street
New Haven, CT 06510
and deposited same in the United States Postal Mail at the United
States Penitentiary at Florence, Colorado 81226
On this l0+k day of June, 2007.
· i
Todd Davender - 13960-014 I
United States Penitentiary
Post Office Box 7000
Florence, Colorado 81226