Free Order on Motion for Order - District Court of Connecticut - Connecticut

Case 3:02-cv-01341-AWT

Document 59

Filed 02/08/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LEO FELIX CHARLES v. JACK MALEH, et al.

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PRISONER Case No. 3:02CV1341(AWT)(WIG)

RULING AND ORDER The plaintiff seeks an order directing the defendants to return his legal materials. He states that he had five boxes of

personal property and legal materials while he was confined at Northern Correctional Institution. After being transferred to

Cheshire Correctional Institution, the plaintiff received two boxes of personal property but none of his legal materials. The

plaintiff states that he filed grievances and sought assistance in obtaining his legal materials from correctional staff and the defendants' attorney without success. responded to this motion. The defendants have not

The plaintiff states that he needs

these materials to respond to the defendants' motion for summary judgment. The plaintiff's motion is being granted. The defendants are

directed to locate the plaintiff's boxes of legal materials and return them to him. In addition, the defendants' counsel is

directed to file a notice within twenty days from the date of this order reporting the results of the defendants' efforts.

Case 3:02-cv-01341-AWT

Document 59

Filed 02/08/2005

Page 2 of 2

Failure to comply with this order may result in the denial of the defendants' motion for summary judgment. In addition, the defendants have filed a notice of the death of defendant Maleh. Rule 25(a)(1), Fed. R. Civ. P., provides

that if a party dies, any other party may file a motion substituting a proper party. Such motion must be made within If no

ninety days after the death is suggested on the record.

motion for substitution is filed, the court must dismiss the action as to the deceased party. The defendants filed their notice on October 19, 2004. ninety-day period expired on January 18, 2005. substitution of a party has been filed. No motion for The

Therefore, all claims

against defendant Maleh are being dismissed. Accordingly, the plaintiff's motion for return of his legal materials [doc. #47] is hereby GRANTED. The defendants are

directed to locate and return the plaintiff's legal materials and report the results of their efforts to the court. All claims

against deceased defendant Maleh are hereby DISMISSED. It is so ordered. Dated this ______ day of February 2005,

at Hartford, Connecticut.

/s/ Alvin W. Thompson United States District Judge

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