Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00041-JJF

Document 10

Filed 09/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : RUTH ANN MINNER, GOVERNOR, : DELAWARE, : CARL DANBERG, ATTORNEY : GENERAL, DELAWARE : : Defendants. : VERLIN ALEXANDER,

C.A.No. 07-041-JJF

TRIAL BY JURY DEMANDED

ANSWER Defendants, by and through their attorney, answer the civil complaint form as follows: IV. Statement of claim. - Defendants are without sufficient information

to form a belief as to the truth of these paragraphs. First Defense 1. granted. Second Defense 2. The plaintiff has failed to properly exhaust his administrative The complaint fails to state a legal claim for which relief can be

remedies as required by law. Third Defense 3. The matter is in whole, or in part, time barred under the appropriate

statute of limitation, or repose or by some administrative time requirement.

Case 1:07-cv-00041-JJF

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Fourth Defense 4. Constitution. Fifth Defense 5. The district court lacks jurisdiction under Art. III, § 2, clause 2. The matter is barred by the Eleventh Amendment to the U.S.

Sixth Defense 6. The complaint should be dismissed as service of process was

improper or insufficient. Seventh Defense 7. The Court lacks personal jurisdiction over defendants and the

complaint should be dismissed. WHEREFORE, the defendants ask for judgment in their favor for all that is just and proper, including dismissal of the action and assessment of costs against the plaintiff. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Marc P. Niedzielski Marc P. Niedzielski (# 2616) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8324 [email protected] DATED: September 7, 2007

Case 1:07-cv-00041-JJF

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CERTIFICATE OF SERVICE The undersigned certifies that on September 7, 2007, he caused two (2) copies of the attached document to be served on the following person by regular U.S. Mail: NAME AND ADDRESS OF RECIPIENT(S): Verlin Alexander SBI 098778 DCC 1181 Paddock Road Smyrna, DE 1977 STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Marc P. Niedzielski Marc P. Niedzielski, I.D. #2616 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants