The above-captioned matter was heard as a contested case on June 9, 2014, at which time the complainant and Bridgeport respondents appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaint.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). The hearing was continued until July 22, 2014, and the United States Attorney's Office, District of Connecticut, was added as a party respondent, based upon the representation by the Bridegeport respondents that the U.S. Attorney’s Office had directed the Bridgeport respondents not to release the requested records.

     On July 15, 2014, the Bridgeport respondents requested a continuance of the hearing scheduled for July 22, 2014, representing that that they had “straightened out the U.S. Attorney issue, the file has been located and is being delivered to the Department of Correction for review. We need time to allow the Department of Correction to conduct its review and deliver the records to the complainant.” The request for a postponement was denied by the hearing officer.

     On July 16, 2014, the complainant withdrew his complaint.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1.  The complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 10, 2014.

__________________________
Cynthia A. Cannata
Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Marlando Daley #383160
Cheshire Correctional Institution
900 Highland Avenue
Cheshire, CT  06410

Joseph Gaudett, Chief, Police Department, City of Bridgeport;
Police Department, City of Bridgeport;
c/o Gregory M. Conte, Esq.
Bridgeport City Attorney
999 Broad Street
2nd Floor
Bridgeport, CT  06604

and the United States Attorney's Office, District of Connecticut
c/o Anastasia King, Esq.
Connecticut Financial Center
157 Church Street
Floor 25
New Haven, CT  06510

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-611/FD/cac/9/10/2014