Free Letter - District Court of Delaware - Delaware

Case 1:78-cv-00014-SLR

STATE OF DELAWARE
DEPARTMENT OF JUSTICE

Document 256

Filed 03/13/2006

Page 1 of 2

CARL C. DANBERG
Attorney General
NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 577-8500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 KENT COUNTY 102 West Water Street Dover, DE 19901 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545 SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5352 Fax: (302) 856-5369 TTY: (302) 856-2500

PLEASE REPLY TO:

March 13, 2006
[New Castle County-Civil Division]

The Honorable Sue L. Robinson United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: West, et al. v. Redman, et al., D. Del., C.A. No. 78-14-SLR

Dear Chief Judge Robinson: On February 14, 2006, the Defendants in the above-captioned matter filed the Defendants' Motion For Relief From Consent Decree (the "Motion for Relief") (D.I. 253). In the Motion for Relief the Defendants requested, pursuant to 18 U.S.C. § 3626(b), that the Court grant relief from the Consent Order entered into by the Parties and made an Order of this Court on October 4, 1982. As I am sure the Court is aware, section 3626(e)(1) requires that a court promptly rule on a motion to terminate prospective relief. Moreover, pursuant to § 3626(e)(2)(A)(i), "Any motion to ... terminate prospective relief made under subsection (b) shall operate as a stay during the period beginning on the 30th day after such motion is filed ... and ending on the date the court enters a final order ruling on the motion." Therefore, an automatic stay will take effect in this case on March 16, 2006, unless the Court enters a final order on the Motion for Relief prior to that date.

Case 1:78-cv-00014-SLR Chief Judge Robinson March 13, 2006 Page 2 of 2

Document 256

Filed 03/13/2006

Page 2 of 2

I thank you for your time and attention to this matter and look forward to the Court's decision on the Motion for Relief. Sincerely, /s/ Erika Y. Tross Erika Y. Tross Deputy Attorney General cc: Douglas A. Shachtman, Esq. Salih Muhammad Al-Shabazz Hassan Umar Sharif