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

Case 1:04-cv-01523-JJF

Document 17

Filed 06/14/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBBIE D. JONES, Plaintiff, v. COMMISSIONER STAN TAYLOR, WARDEN RICK KEARNEY, SGT. BARRY BILES, and TEANNA BANKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1523-JJF

DEFENDANT TAYLOR'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6). COMES NOW, Stanley Taylor, by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the defendant. In support of his motion to dismiss Defendant has filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief. WHEREFORE, 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] DATE: June 14, 2006

Case 1:04-cv-01523-JJF

Document 17

Filed 06/14/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBBIE D. JONES, Plaintiff, v. COMMISSIONER STAN TAYLOR, WARDEN RICK KEARNEY, SGT. BARRY BILES, and TEANNA BANKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1523-JJF

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

Defendant Stanley Taylor 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.

_____________________________________ J.

Case 1:04-cv-01523-JJF

Document 17

Filed 06/14/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 14, 2006, I electronically filed Defendant Stanley Taylor's Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on June 14, 2006, I have mailed by United States Postal Service, the document to the following nonregistered participants: Robbie D. Jones, Inmate SBI # 313356 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947

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