Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:05-cv-00067-SLR

Document 60

Filed 10/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM F. DAVIS, III, Plaintiff, v. WARDEN RAPHAEL WILLIAMS, C/O DAVIES, CAPTAIN EMMIT C/O REGINALD MAYES, DEBRA MUSCARELLA, NURSE JEREMY, and OFFICER FRED WAY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-67-SLR Jury Trial Requested

STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT COMES NOW, State Defendants Warden Raphael Williams, C/O Kerry Davies, Deputy Warden Mark Emig, and C/O Reginald Mays (the "State Defendants")1, by and through their undersigned counsel, and hereby move this Honorable Court (the "Motion") to enter an Order, substantially in the form attached hereto, dismissing with prejudice all claims against the State Defendants pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. In support of the Motion, State Defendants have filed

simultaneously herewith State Defendants' Opening Brief In Support Of Their Motion For Summary Judgment.

Officer Fred Way has not been served in this matter and, therefore, is not a party to the State Defendants' Motion for Summary Judgment.

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Case 1:05-cv-00067-SLR

Document 60

Filed 10/15/2007

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WHEREFORE, State Defendants respectfully request that this Honorable Court enter an order, substantially in the form attached hereto, dismissing the claims against the State Defendants with prejudice. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the State Defendants

Dated: October 15, 2007

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Case 1:05-cv-00067-SLR

Document 60

Filed 10/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM F. DAVIS, III, Plaintiff, v. WARDEN RAPHAEL WILLIAMS, C/O DAVIES, CAPTAIN EMMIT C/O REGINALD MAYES, DEBRA MUSCARELLA, NURSE JEREMY, and OFFICER FRED WAY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Upon State Defendants' Motion For Summary Judgment pursuant to Federal Rule Of Civil Procedure 56(c) (the "Motion"); and it appearing that good and sufficient notice of the Motion has been given; and after due deliberation thereon: IT IS HEREBY ORDERED as follows: 1. 2. The Motion is GRANTED. The Complaints filed in the above-captioned action are DISMISSED WITH PREJUDICE against State Defendants Warden Raphael Williams, C/O Kerry Davies, Deputy Warden Mark Emig (listed as "Captain Emmit") and C/O Reginald Mayes. SO ORDERED this _________ day of ______________, 2007. __________________________________________ The Honorable Sue L. Robinson United States District Court Judge

C.A. No. 05-67-SLR Jury Trial Requested

Case 1:05-cv-00067-SLR

Document 60

Filed 10/15/2007

Page 4 of 4

CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on October 15, 2007, I caused a true and correct copy of the attached State Defendants' Motion For Summary Judgment to be filed using CM/ECF and to be served by electronic delivery. On October 16, 2007, all individuals listed below will be served in the form and manner indicated. Via First Class Mail Inmate William F. Davis, III SBI #162762 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Via Hand Delivery Daniel L. McKenty, Esq. McCullough & McKenty, P.A. 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400