Free Notice of Appeal - District Court of Connecticut - Connecticut

‘ " ' _ Case 3:03-cv-00665-MRK Document 20 Filed 06/08/2004 Page ii, 1
I H IUNITED STATES DISTRICT COURT . F E D
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_ NOTICE QF APPEAL
1- Purweni iv F- R- A· P- 4(e)(1) ereby gives notice and
. (appealingparty)
· appeals to the United States Court of Appeals for the Second Circuit from the following
Judgment or Order (attach a copy of the Judgment or Order):
2. Thee!-u·d-g·men+/Order in this action was entered on 52 QQ: 0% .
(date)
Signature
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Print Name
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Note: You may use this term to take an appeal provlded that lt is received by the Office of the Clerlg otthe U.S. District Court

United States Isa art .
rev. 7702
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Case 3:0.3-cv-00665-M%K Document 20 Filed 06/O8/2(JQ)4 Page 2 of 4
li] S _ Ori
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT F ] L E D
TERRENCE HENDERSON, : MM 12 tm
; Ll.?} l}!3"?E!i]T COURT
Plaintiff} , N li rv ll M H H. C 0 H H
v. Civil No. S:03cv665 (MRK)
THE TOWN OF GREENWICH I .
POLICE DEPARTMENT, :
n 0 l -0 n Defendant. · U in l
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0 i if Presently pending before the Court in the above-captioned case are pro se Plaintiff
Terrence Henderson’s Motion for Summary Judgment [doc. #15] and Defendant Town of
Greenwich Police Departments Motion for Disclqsure of Erased Criminal Records [doc. #17].
For the reasons set forth below, the Motion for Summary Judgment [doc. #15] is DENIED
g without prejudice to renewal and the Motion for Disclosure of Erased Criminal Records [doc.
#17] is GRANTED.
On May 29, 2003, Mr. Henderson tiled a Motion for Summary Judgment [doc. #8], and
on June 4, 2003, the Court denied without prejudice Mr. Henders-on's Motion for Summary _
` Judgment [doc. #8]. On February 10, 2004, Mr. Henderson renewed his Motion for Summary
Judgment [doc. #15]. Defendant tiled an Objection to Motion For Summary Judgment [doc.
#18] on February 12, 2004 arguing that a scheduling order has yet to be issued, that Mr.
’ Henderson is still seeking appointment of counsel, and that Defendant requires the documents
* requested in its Motion for Disclosure of Erased Records [doc. #17] to respond to Mr.

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I Case 3:03-cv-OO66§e|l§IRK Document 20 Filed 06/O%OO4 Page 3 of 4
Hendersoifs motion. The Court agrees with Defendant, and hereby DENIES Mr. Henderson's
Motion for Summary Judgment [doc. #15] as premature, without prejudice to renewal at the
close of discovery. See Hellstrom v. US. Dept. of Veterans A)j'az'rs, 201 F.3d 94, 97 (2d Cir.
2000) ("[S]ummary judgment should only be granted '[i]f` after discovery, the nonmovingparty
has failed to make a sufficient showing on an essential element of [its] case with respect to which
_ [it] has the burden of proof.") (citations omitted) (emphasis in original). "The nonmoving party
must. have had the opportunity to discover information that is essential to hisgoppositicnp to t1}eW______W___ _Vgg __
motion for summary judgment." Id. (citation omitted).
As to Defendants Motion for Disclosureiof Erased Criminal Records [doc. #17] filed
— pursuant to Conn. Gen. Stat. § 54—142a(f), which is unopposed by Mr. Henderson, the Court will
I _ grant Defendants request. I
For the foregoing reasons, the Motion for Summary Judgment [doc. #15] is DENIED `
without prejudice. The Motion for Disclosure of Erased Criminal Records [doc. #17] is
GRANTED. I
A This case has been in relative stasis inception on April 14, 2003 because counsel
has yet to be appointed to Mr. Henderson in with the Court's June 12, 2003 granting I
of Mr. ‘Henderson's Motion for Appointment The-:_Court intends to
explore the appointing of suitable legal counsel fdr Mr. Ielenderson. Upon appointment of
n counsel the parties will be expected to expeditiously move forward with proceedings in this I
matter. I I
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Case 3:03-cv-00665-MRK Document 20 Filed 06/O8/2,004 Page 4 of 4
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- IT IS S0 ORDE · D.
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1 nun
· k R. Kravitz
United States District Judge
Dated at New Haven, Connecticut: May 26, 2004.
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