Furtick v. Arnone et al

Filing 31

ORDER denying without prejudice plaintiff's 22 25 Motions to Compel; withdrawing 28 Motion to Amend Complaint. A settlement conference would not be productive at this time. Dispositive motions deadline 7/28/2013. Signed by Judge Donna F. Martinez on 6/3/13. (Nichols, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CHARLES FURTICK,
Plaintiff,
v.
LEO ARNONE ET AL.,
Defendants.

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CASE NO. 3:12CV835(RNC)

ORDER
On May 30, 2013, Judge Martinez conducted a telephone
conference with pro se plaintiff Charles Furtick and defendants'
counsel Assistant Attorney General James Caley.
1. Plaintiff's Motions to Compel (docs. #22, #25) are
denied without prejudice.

Attorney Caley represented that he

will mail a letter to plaintiff stipulating that the Department
of Correction did not hold a hearing prior to transferring
plaintiff from Carl Robinson C.I. to Northern C.I. on September
30, 2013.

Plaintiff said that this will resolve the discovery

dispute.
2. Plaintiff's Motion to Amend Complaint (doc. #28) is
withdrawn without prejudice to filing a new motion to amend.
Attorney Caley represented that he would not object to an
amended complaint that adds Kathryn Dudley as a new defendant
but is otherwise identical to the current operative complaint
(doc. #7).

3. Attorney Caley shall mail a copy of the operative
complaint (doc. #7) to plaintiff.
4. Plaintiff may file a motion to appoint counsel at any
time.

He is reminded that an indigent person seeking

appointment of counsel in a civil case must show he has sought
counsel but was unable to obtain it, McDonald v. Head Criminal
Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988), and
must demonstrate that his or her complaint has "likely merit,"
Cooper v. A. Sargenti Co., 877 F.2d 170 (2d Cir. 1989).
5. The parties indicate that a settlement conference would
not be productive at this time.
6. Dispositive motions are due on or before July 28, 2013.
SO ORDERED at Hartford, Connecticut this 3rd day of June,
2013.
___________/s/_______________
Donna F. Martinez
United States Magistrate Judge

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