The above-captioned matter was scheduled to be heard as a contested case on June 27, 2013 at 9:30 A.M., at which time the respondents appeared, but the complainant did not appear to prosecute the case.  The Commission maintains a record from the U.S. Postal Service indicating that it attempted delivery of the Commission’s order to show cause at the last known address of the complainant on May 31, 2013.

      The respondents appeared at the hearing and presented testimony that, by letter sent in March 2013, they attempted to notify the complainant at his last known address, to inform him that responsive records were compiled and available in response to the complainant's January 29, 2013 request.  However, the respondents did not receive a response from the complainant.

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

     1.  The complaint is hereby dismissed for failure to prosecute.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 2013.

__________________________
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:

Luis Fernandez #279900
MacDougall-Walker Correctional Institution
1153 East Street South
Suffield, CT  06080

Executive Director, State of Connecticut, University
of Connecticut Health Center, Correctional Managed
Care; and State of Connecticut, University of Connecticut
Health Center, Correctional Managed Care
c/o Stephen J. Courtney, Esq.
University of Connecticut Health Center
263 Farmington Avenue
Farmington, CT  06030

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-075/FD/cac/8/28//2013