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

Case 1:04-cv-01334-KAJ

Document 21

Filed 10/24/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) DONALD JORDAN,

C.A. No. 04-1334-KAJ

STATE DEFENDANTS' MOTION TO DISMISS/SUMMARY JUDGMENT COME NOW, State Defendants, Delaware Department of Correction, Commissioner Stanley Taylor, Paul Howard, and Rick Kearney by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12(b)(1), 12 (b)(6) and 56(c) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the State defendants. In support of their motion to dismiss/summary judgment,

Defendants have filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief.

Case 1:04-cv-01334-KAJ

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Filed 10/24/2005

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WHEREFORE, State Defendants 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: October 24, 2005 Attorney for State Defendants

Case 1:04-cv-01334-KAJ

Document 21

Filed 10/24/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) DONALD JORDAN,

C.A. No. 04-1334-KAJ

ORDER AND NOW, this day of , 2005, the Motion to Dismiss filed by

State Defendants 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.

_____________________________________ The Honorable Susan L. Robinson, Judge United States District Court

Case 1:04-cv-01334-KAJ

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Filed 10/24/2005

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CERTIFICATE OF SERVICE I hereby certify that on October 24, 2005, I electronically filed Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on October 24, 2005, I have mailed by United States Postal Service, the document to the following non-registered participant: Donald J. Jordan SBI # 095723 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947

/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]