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

Case 1:04-cv-01542-GMS

Document 84

Filed 10/30/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Thomas Carroll,Warden, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 04-1542-GMS Trial by Jury Demanded

STATE DEFENDANT'S MOTION TO DISMISS State Defendant by and through undersigned counsel, hereby moves 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 this motion, State defendant presents a Memorandum of Points and Authorities in Support of Her Motion to Dismiss filed simultaneously herewith.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 [email protected] Counsel for State Defendant

Dated: October 30, 2006

Case 1:04-cv-01542-GMS

Document 84

Filed 10/30/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Thomas Carroll, Warden et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER AND NOW, this day of , 200__, State Defendant Violet

C.A. No. 04-1542-GMS Trial by Jury Demanded

Dunn's Motion To Dismiss in the above-captioned matter having been duly considered, and any opposition thereto, is granted; and, IT IS ORDERED that judgment be and is hereby entered against Plaintiff and in favor of the State Defendant.

The Honorable Gregory M. Sleet, Judge United States District Court

Case 1:04-cv-01542-GMS

Document 84

Filed 10/30/2006

Page 3 of 3

CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on October 30, 2006 she caused the attached State Defendant Violet Dunn's Motion to Dismiss to be delivered to the following persons in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Kevin C. Brathwaite, Inmate SBI #315294 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient 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/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]