Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01202-GMS
JOSEPH R. BIDEN, III
Attorney General

Document 69

Filed 01/31/2007

Page 1 of 2

DEPARTMENT OF JUSTICE

NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 5778500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783

KENT COUNTY 102 West Water Street Dover, DE 19904 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545

SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5353 Fax: (302) 856-5369 TTY: (302) 856-2500

PLEASE REPLY TO: [New Castle County-Civil Division]

January 31, 2007 The Honorable Gregory M. Sleet U.S. District Court 844 N. King Street Wilmington, DE 19801 Re: Charles M. Robinson v. Thurman Stanley C.A. No. 04-1202-GMS Dear Judge Sleet: I am in receipt of Docket Items filed by Charles Robinson requesting to depose several incarcerated individuals and prison officials. (D.I.I. 66, 67, 68). Defendant Stanley does not offer opposition to Charles Robinson for the purpose of taking prison officials' depositions upon a reasonable and appropriate number of written questions. However, Defendant Stanley does have certain concerns regarding Mr. Robinson's requests. Specifically, to the extent consistent with the principles stated in Federal Rule of Civil Procedure Rules 26(b) (2) and 31(a) (2), Charles Robinson must serve the written requests upon undersigned counsel with a notice stating the name and address of the answering individual for whom the deposition is to be taken. Thereafter, timely written and sworn answers will be provided to Charles Robinson. As to the extent that Charles Robinson requires deposition testimony from inmates Frank Ford and Michael Morton, the only relevant information concerning Robinson that could be offered by such prisoners would be based upon information and personal knowledge obtained first-hand. However, to maintain institutional safety and security, inmates are not permitted unfettered access to persons or places in the institution. Moreover, it is a violation of institutional policy for inmates to write, send or receive correspondence to or from other inmates. Considering institutional policy and procedure, written deposition questions to inmates Ford and Morton by Robinson may be facilitated through undersigned counsel, in like manner as the suggested procedure for the prison officials.

Case 1:04-cv-01202-GMS

Document 69

Filed 01/31/2007

Page 2 of 2

court.

Should Your Honor require additional information, I am available at the convenience of the Respectfully submitted, /s/ Ophelia M. Waters Ophelia M. Waters Deputy Attorney General

cc:

Clerk of Court Charles Robinson, Inmate

OMW/