Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:04-cv-01542-GMS

Document 58

Filed 02/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Thomas Carroll,Warden, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 04-1542-GMS Trial by Jury Demanded

State Defendants Nkwopara, Thomas, Stevenson, Carpenter and Wallace's Motion to Dismiss/Summary Judgment The State Defendants, by and through undersigned counsel, hereby move this Honorable Court to enter an order dismissing Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12 (b) (6) for failure to state a claim upon which relief can be granted. In support of their Motion, Defendants offer the Memorandum of Points and Authorities filed simultaneously herewith. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 [email protected] Counsel for State Defendants DATE: February 7, 2006

Case 1:04-cv-01542-GMS

Document 58

Filed 02/07/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Thomas Carroll,Warden, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER AND NOW, this day of , 2006, the Motion To Dismiss

C.A. No. 04-1542-GMS Trial by Jury Demanded

filed by State Defendants Nkwopara, Thomas, Stevenson, Carpenter and Wallace in the above-captioned matter having been duly considered, and any opposition thereto, is granted; and, IT IS ORDERED that judgment be and is hereby entered against Plaintiff and in favor of the State Defendants.

The Honorable Gregory M. Sleet, Judge United States District Court

Case 1:04-cv-01542-GMS

Document 58

Filed 02/07/2006

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CERTIFICATE OF SERVICE I hereby certify that on February 7, 2006, I electronically filed State Defendants Nkwopara, Thomas, Stevenson and Carpenter and Wallace's Motion to Dismiss/Summary Judgment with the Clerk of Court using CM/ECF. I hereby certify that on February 7, 2006, I have mailed by United States Postal Service, the document to the following non-registered participant: Kevin C. Brathwaite; SBI #315294; Delaware Correctional Center; 1181 Paddock Road; Smyrna, DE 19977. . STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]