Free Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:06-cv-00059-SLR

Document 9

Filed 02/15/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEVEN D. HUMES, v. Plaintiff, ) ) ) ) ) ) ) ) )

STATE OF DELAWARE COURT OF COMMON PLEAS, et al. Defendants.

C.A. No. 06-59 KAJ

STATE DEFENDANTS' MOTION TO DISMISS COMPLAINT The above-captioned State Defendants, by and through their counsel, hereby move this Honorable Court to enter an Order dismissing Plaintiff's Complaint with prejudice, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), for the reasons set forth in the accompanying Defendants' Opening Brief in Support of Motion to Dismiss. DEPARTMENT OF JUSTICE STATE OF DELAWARE

/s/Stephani J. Ballard Stephani J. Ballard (I.D. No. 3481) Deputy Attorney General Carvel State Office Building 820 North French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants DATED: February 15, 2006

Case 1:06-cv-00059-SLR

Document 9

Filed 02/15/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEVEN D. HUMES, v. Plaintiff, ) ) ) ) ) ) ) ) ) ORDER WHEREAS, the State Defendants are immune from liability under the doctrine of Absolute Judicial Immunity, Sovereign Immunity, the Rooker-Feldman Doctrine, the Younger Abstention Doctrine and the Eleventh Amendment to the United States Constitution, and; WHEREAS, the Plaintiff has failed to state any claim over which this Court has subject matter jurisdiction nor any claim upon which relief can be granted; and WHEREAS, the State Defendants have filed an appropriate Motion to Dismiss with accompanying Brief, IT IS HEREBY ORDERED this day of , 2006,

STATE OF DELAWARE COURT OF COMMON PLEAS, et al. Defendants.

C.A. No. 06-59 KAJ

Defendants' Motion to Dismiss with prejudice is hereby GRANTED. ________________________________ J.

Case 1:06-cv-00059-SLR

Document 9

Filed 02/15/2006

Page 3 of 3

CERTIFICATE OF MAILING AND/OR DELIVERY
The undersigned certifies that on February 15, 2006, she caused the attached Defendants' Motion to Dismiss Complaint to be delivered to the following persons in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Steven D. Humes 4838 Plum Run Court Wilmington, DE 19808

MANNER OF DELIVERY: _____ One true copy by facsimile transmission to each recipient. X Two true copies by first class mail, postage prepaid, to each recipient.

_____ Two true copies by Federal Express. _____ Two true copies by hand delivery to each recipient.

/s/Stephani J. Ballard Stephani J. Ballard, I.D. No. 3481 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 Attorney for Defendants