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

Case 3:01-cv-01107-CFD

Document 189

Filed 06/08/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Lloyd George Morgan, Jr. v. John Rowland, et al : : : JUNE 6, 2005 PRISONER 3:01CV1107(CFD)(WIG)

OBJECTION TO REQUEST FOR ENTRY OF DEFAULT The defendants in the above-captioned matter oppose the plaintiff's Request for Entry of Default, prepared by the pro se plaintiff with the assistance of Inmate's Legal Assistance. The Request fails to mention that on April 11, 2005, the defendants filed a Motion for Articulation with the Court seeking guidance from the Court and permission to proceed with defendants' Motion to Dismiss dated March 1, 2004. The Court has not yet acted on that motion. Thus, pursuant to Federal Rule of Civil Procedure 55(a), the defendants have not "failed to plead or otherwise defend" and the plaintiff's motion should be denied.

DEFENDANTS

RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

__/s/_______________________________ Lynn D. Wittenbrink Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct08575 [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

Case 3:01-cv-01107-CFD

Document 189

Filed 06/08/2005

Page 2 of 2

CERTIFICATION I hereby certify that a copy of the foregoing was mailed first-class postage prepaid to the following on this 6th day of June, 2005: Annette M. Lamoreaux, Esq. CCLU 32 Grand Street Hartford CT 06106 Lloyd George Morgan # 117796 Cheshire Correctional Institution 900 Highland Ave. Cheshire, CT 06410

__/s/________________________________ Lynn D. Wittenbrink Assistant Attorney General