Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00583-JCH

Document 98

Filed 01/20/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LUIS FERNANDEZ VS. JOHN ARMSTRONG, ET AL.

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PRISONER NO. 3:03CV583(JCH)(HBF)

JANUARY 19, 2006

DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL This case is a civil rights action by Inmate Luis Fernandez alleging that his civil rights were violated in 2002 due to his lack of litigation resources. He now files a "Motion for An Extension Of Time To File A Notice Of Appeal" dated December 21, 2005 and received January 13, 2006. We urge the Court to deny the motion. This Court rendered Summary Judgment for the defendants in this case by decision dated December 7, 2004, Docket No. 68. The Court denied plaintiff's effort for relief from judgment under Rule 60(b) by decision dated February 24, 2005, Docket No. 79, and again by decision dated September 7, 2005, Docket No. 91. The United States Court of Appeals for the Second Circuit dismissed his appeal as frivolous, Docket No. 93. We urge the Court to deny plaintiff's most recent motion as he already appealed and lost and there is nothing further to appeal at this time. For all of the foregoing reasons, we urge the court to deny plaintiff's motion.

Case 3:03-cv-00583-JCH

Document 98

Filed 01/20/2006

Page 2 of 2

DEFENDANTS, John Armstrong, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:_________/s/____________________________ Robert F. Vacchelli Assistant Attorney General Federal Bar No. ct05222 110 Sherman Street Hartford, CT 06105 Telephone No.: (860) 808-5450 Fax No.: (860) 808-5591 E-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 19th day of January, 2006: Luis Fernandez, Inmate No. 279900 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 ________/s/_______________________________ Robert F. Vacchelli Assistant Attorney General

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