Free Motion for Default Entry 55(a) - District Court of Connecticut - Connecticut

Case 3:01-cv-01107-CFD

Document 188

Filed 06/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LLOYD GEORGE MORGAN, JR. Plaintiff V.

: :

PRISONER CASE NO. 3:01CV1107 (CFD) (WIG)

JOHN ROWLAND, ET. AL Defendants

:

JUNE 1, 2005

REQUEST FOR ENTRY OF DEFAULT To: The Clerk of the United States District Court for the District of Connecticut

Please enter the default of the defendants in the above-captioned matter for failure to plead or otherwise defend as provided by Rule 55 (a) of the Federal Rules of Civil Procedure, as appears from the attached affidavit of Lloyd George Morgan, Jr.

THE PLAINTIFF /s/Lloyd George Morgan, Jr. Lloyd George Morgan, Jr., pro se Inmate #117796 Cheshire CI 900 Highland Avenue Cheshire, CT 06410

Case 3:01-cv-01107-CFD

Document 188

Filed 06/07/2005

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AFFIDAVIT

STATE OF CONNECTICUT ) ) ss: CHESHIRE COUNTY OF NEW HAVEN ) JUNE 1, 2005

Lloyd George Morgan, Jr., being duly sworn, deposes and says: 1. I am the pro se plaintiff in the above-entitled matter. 2. On January 4, 2005, the Court issued a Ruling and Order directing the defendants to file their response to the Second Amended Complaint within 30 days. 3. On or about February 8, 2005, the defendants filed a Motion for Extension of Time to File Responsive Pleading Nunc Pro Tunc, asking that the time for filing a responsive pleading be extended up to and including March 10, 2005. 4. On February 25, 2005, the Court denied the defendants' Motion to Dismiss without prejudice to raising the claims by way of summary judgment. The defendants were afforded 45 days, up to April 11, 2005, to file a Motion for Summary Judgment. 5. In a Ruling and Order dated April 12, 2005, the Court extended the deadline for filing a Motion for Summary Judgment until April 25, 2005, and denied as moot two previous requests for entry of default.

Case 3:01-cv-01107-CFD

Document 188

Filed 06/07/2005

Page 3 of 4

6. The deadline of April 25, 2005, has passed. As of the date of this Affidavit, the defendants have filed neither a Motion for Summary Judgment nor an Answer to the Second Amended Complaint.

THE PLAINTIFF

/s/Lloyd George Morgan, Jr. Lloyd George Morgan, Jr., pro se Inmate #117796 Cheshire CI 900 Highland Avenue Cheshire, CT 06410

Subscribed and sworn to before me this 1st day of June, 2005.

/s/Richard P. Cahill Commissioner of the Superior Court

Case 3:01-cv-01107-CFD

Document 188

Filed 06/07/2005

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Although not appearing herein, the undersigned assisted in the preparation of this motion:

/s/Richard P. Cahill Richard P. Cahill, Esq. Schulman & Associates Inmates' Legal Assistance Program 78 Oak Street, P.O. Box 260237 Hartford, CT 06126-0237 Tel: (860) 246-1118 Fax: (860) 246-1119

CERTIFICATION I hereby certify that a copy hereof was mailed, postage prepaid, on this 2nd day of June, 2005, to the following counsel and pro se parties of record:

Lynn D. Wittenbrink, Esq. Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Annette M. Lamoreaux, Esq. Connecticut Civil Liberties Union Foundation 32 Grand Street Hartford, CT 06106

/s/Lloyd George Morgan, Jr. Lloyd George Morgan, Jr.