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

Case 1:05-cv-00037-SLR

Document 53

Filed 03/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) v. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. ) HARRY SAMUEL,

Civ. No. 05-037-SLR

STATE DEFENDANTS' MOTION TO DISMISS COME NOW State Defendants, Thomas Carroll, Lt. Porter, Counselor Kramer and Rob Young, by and through undersigned counsel, and respectfully 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, State Defendants present a Memorandum of Points and Authorities, filed simultaneously herewith. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Department of Justice 820 N. French Street, 6th Floor Wilmington, Delaware 19801 Dated: March 8, 2006 Attorney for State Defendants

Case 1:05-cv-00037-SLR

Document 53

Filed 03/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY SAMUEL, ) ) Plaintiff, ) ) ) vi. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. )

Civ. No. 05-037-SLR

ORDER AND NOW, this day of , 2006, the Motion to Dismiss

filed by state defendants in the above-captioned matter having been duly considered, and any opposition thereto, is granted; and, IT IS ORDERED that plaintiff's claims against State Defendants be dismissed, with prejudice.

_________________________________

The Honorable Sue L. Robinson, Chief Judge United States District Court

Case 1:05-cv-00037-SLR

Document 53

Filed 03/08/2006

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CERTIFICATE OF SERVICE I hereby certify that on March 8, 2006, I electronically filed the Defendants Motion to Dismiss with memorandum of points and authorities, with the Clerk of Court using CM/ECF. I hereby certify that on March 8, 2006, I have mailed by United States Postal Service, the document to the following non-registered participant: Harry Samuel; SBI#; 00201360, Delaware Correctional Center, 1181 Paddock Rd, Smyrna, DE 19977. /s/ Ophelia M. Waters_____________ Ophelia M. Waters, I.D. No.3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400