Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01328-GMS
JOSEPH R. BIDEN, III
Attorney General

Document 65

Filed 06/15/2007

Page 1 of 2

DEPARTMENT OF JUSTICE

NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 5778500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 PLEASE REPLY TO:

KENT COUNTY 102 West Water Street Dover, DE 19904 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) 856-5353 Fax: (302) 856-5369 TTY: (302) 856-2500

June 15, 2007
New Castle County-Civil Division

The Honorable Gregory M. Sleet U.S. District Court District of Delaware 844 King Street Wilmington, Delaware 19801 Re: Hall v. Holman, et al. C.A. No. 06-1288 (GMS)

Dear Judge Sleet: Our office represents the defendants in the above-captioned case. On May 10, 2007, you ordered the parties to appear for a discovery hearing to address pending discovery motions and deadlines. Your order indicated that if plaintiff should fail to appear at the conference it may result in a dismissal of the case. Counsel for the defendants appeared for the conference on the scheduled date and time. Plaintiff did not appear nor did he contact the Court or counsel to state he would not appear. On May 10, 2007, you issued an Order requiring Plaintiff to pay the balance of his filing fee or submit a new standard form application to determine in forma pauperis status within 30 days or the case would be dismissed. Plaintiff has not remitted either and the 30 day deadline has passed. Plaintiff has been re-incarcerated and has now written the Court with his correctional address and to request docket information from the Court. (D.I. 64). This litigation was not stayed while plaintiff was out of prison only to restart upon his re-incarceration. Plaintiff failed to prosecute his case for the past year, failed to comply with discovery deadlines, failed to appear for his noticed deposition, failed to respond to motions, and failed to comply with Court Orders. Defendants respectfully request that the case be dismissed.

Case 1:04-cv-01328-GMS

Document 65

Filed 06/15/2007

Page 2 of 2

I remain available to the Court should anything further be required.

Respectfully submitted, /s/ Stacey Xarhoulakos Deputy Attorney General

cc:

James Hall