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

Case 3:03-cv-00583-JCH

Document 91

Filed 09/08/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LUIS FERNANDEZ v. JOHN J. ARMSTRONG, et al.

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PRISONER CASE NO. 3:03-cv-583 (JCH)(HBF)

RULING AND ORDER On December 7, 2004, the court granted defendants' motion for summary judgment. Judgment entered in favor of defendants on December 9, 2004. Plaintiff now has filed motions for correction of judgment and leave to proceed in forma pauperis on appeal. Plaintiff already has filed an appeal in this case. He filed his notice of appeal on February 23, 2005. On August 17, 2005, the Court of Appeals filed an amended order dismissing the appeal as frivolous. (See Doc. #90, Ex. A.) Accordingly, plaintiff's motion to proceed in forma pauperis on appeal [Dkt. No. 89] is DENIED as moot. Plaintiff also asks the court to correct the judgment because defendants did not disclose the names and addresses of second level Grievance Coordinators Santini and Cornacchia. While plaintiff did include in this action a claim that defendants failed to comply with the institutional grievance procedures, the court granted summary judgment on this claims because the claim did not involve the denial of a constitutionally or federally protected right and, thus, was not cognizable in an action

Case 3:03-cv-00583-JCH

Document 91

Filed 09/08/2005

Page 2 of 2

filed pursuant to 42 U.S.C. § 1983. (See Dkt. No. 68 at 13-14.) Because the lack of personal information about two grievance coordinators was irrelevant to the resolution of this claim, plaintiff's motion to correct judgment [Dkt. No. 86] is DENIED. In conclusion, plaintiff's motion to proceed in forma pauperis on appeal [Dkt. No. 89] is DENIED as moot and his motion to correct judgment [Dkt. No. 86] is DENIED. SO ORDERED this 7th day of September, 2005, at Bridgeport, Connecticut.

/s/ Janet C. Hall Janet C. Hall United States District Judge

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