Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:05-cv-00624-SLR

Document 24

Filed 04/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY T. COLLINS, ) ) Plaintiff, ) ) v. ) ) LINDA HUNTER, WARDEN RAPHAEL, ) WILLIAMS AND CORRECTIONAL ) MEDICAL SYSTEMS. ) ) ) Defendants. )

C.A. No. 05-624-SLR

STATE DEFENDANT'S MOTION TO DISMISS/SUMMARY JUDGMENT PURSUANT TO RULES 12 (b)(1) AND 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE COMES NOW, the Defendant, Raphael Williams, by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12(b)(1), 12 (b)(6) and 56(c) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the Defendant. In support of their motion to dismiss/summary judgment, the Defendant has filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order dismissing Plaintiff's claims with prejudice. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi #3927 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected]

Case 1:05-cv-00624-SLR

Document 24

Filed 04/06/2006

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DATE: April 6, 2006

Attorney for Defendant Raphael Williams

Case 1:05-cv-00624-SLR

Document 24

Filed 04/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY T. COLLINS, ) ) Plaintiff, ) ) v. ) C.A. No. 05-624-SLR ) LINDA HUNTER, WARDEN RAPHAEL, ) WILLIAMS AND CORRECTIONAL ) MEDICAL SYSTEMS. ) ) ) Defendants. ) ORDER AND NOW, this day of , 2006, the Motion to Dismiss filed by

Defendant Raphael Williams in the above-captioned matter having been duly considered, and any opposition thereto, IT IS ORDERED that the Motion to Dismiss is granted and that judgment is hereby entered in favor of the movant and against the Plaintiff.

_____________________________________ The Honorable Susan L. Robinson, Judge United States District Court

Case 1:05-cv-00624-SLR

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Filed 04/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on April 6, 2006 I electronically filed Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on April 6, 2006 I have mailed by United States Postal Service, the document to the following non-registered participant:

Harry Collins SBI# 156625 Howard R. Young Correctional Institution P.O. Box 9651 Wilmington, DE 19809

STATE OF DELAWARE DEPARTMENT OF JUSTICE
/s/ Lisa Barchi Lisa Barchi # 3927 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]