Free Response to Motion - District Court of Delaware - Delaware

Case 1:05-cv-00576-JJF

Document 48

Filed 08/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DARREN LAMONT SEAWRIGHT and DANIEL M. WOODS, Plaintiffs, v. WARDEN RAFAEL WILLIAMS, MAINTENANCE SUPERVISOR PACECO, and THE STATE OF DELAWARE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-576-KAJ

DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO AMEND COME NOW the Defendants Warden Raphael Williams, Joseph Pacheco and the State of Delaware ("Defendants"), by and through the undersigned counsel, and respond to Plaintiffs' Motion to Amend [D.I. 47] as follows: 1. Plaintiffs have moved to amend the Complaint to add William J. Webb, Jr.

("Webb") as a plaintiff and Grievance Officer Sgt. Moody, Director Jaime H. Rivera and Chief City Plumbing Inspector Marvin Newton as defendants. Defendants oppose the addition of Webb as a plaintiff. 2. In this action, Plaintiffs claim that, while they were incarcerated at

Howard R. Young Correctional Institution ("HRYCI"), they were exposed to unsafe levels of lead. They allege that the lead contamination was caused by the use of improper solder during the construction of a dormitory at HRYCI. In the Motion to Amend, Plaintiffs assert that Webb was also housed in the dormitory in question.

Case 1:05-cv-00576-JJF

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3.

The Motion to Amend is signed by Plaintiff Daniel Woods only. The

Motion is not signed by Webb. Further, Webb has filed no pleading on his own requesting to be added as a plaintiff in this case. 4. Pursuant to Rule 11 of the Federal Rules of Civil Procedure, "Every

pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party." In the absence of any pleading signed by Webb, the Motion to Amend must be denied. 5. Further, Woods, who is not an attorney, cannot represent Webb's interests.

A prisoner acting pro se is prohibited from representing the interests of his fellow inmates. See Jordan v. Delaware, 433 F. Supp. 2d 433, 439 (D. Del. 2006). WHEREFORE, Defendants respectfully request that this Court deny Plaintiffs' Motion to Amend to add William J. Webb, Jr. as a plaintiff in this action. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. #2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 [email protected] (302) 577-8400 Attorney for Defendants

Date: August 30, 2006

Case 1:05-cv-00576-JJF

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CERTIFICATE OF SERVICE I hereby certify that on August 30, 2006, I electronically filed Defendants' Response to Plaintiffs' Motion to Amend with the Clerk of Court using CM/ECF. I hereby certify that on August 30, 2006, I have mailed by United States Postal Service, the document to the following non-registered parties: Darren Lamont Seawright and Daniel M. Woods.

/s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]