Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00031-GMS

Document 58

Filed 10/24/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. FIRST CORRECTIONAL MEDICAL, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 07-31-GMS JURY TRIAL REQUESTED

STATE DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO COMPEL AND MOTION TO STAY PROCEEDINGS State Defendants Stan Taylor and Gov. Ruth Ann Minner ("State Defendants"), by and through their undersigned counsel, hereby file their response to Plaintiff's Motion to Compel [D.I. 56] and Motion to Stay Proceedings [D.I. 57]. In support of their position, State Defendants represent as follows: 1. William Joseph Webb, Jr. ("Plaintiff"), an inmate presently incarcerated at the

Delaware Correction Center ("DCC") in Smyrna, Delaware, is a pro se litigant in the abovecaptioned action. 2. On or about January 17, 2007, Plaintiff filed a complaint pursuant to 42 U.S.C.

§1983, with leave to proceed in forma pauperis. [D.I. 1, 2] In his complaint, Plaintiff appears to allege violations of his constitutional rights in connection with his medical treatment at DCC. 3. On October 16, 2007, Plaintiff filed a "Motion to Compel Delaware Dept. of

Correction to Release Plaintiff from their Custody." [D.I. 56] In this Motion to Compel, Plaintiff describes an "animosity...which could prove deadly." ¶5. Contrary to Plaintiff's assurances that he poses "no threat to anyone," (¶6), he states that he "will have to protect

Case 1:07-cv-00031-GMS

Document 58

Filed 10/24/2007

Page 2 of 3

Himself by killing all those responsible for [unspecified] actions." ¶7. 4. Likewise, in Plaintiff's "Motion for Stay of Proceedings Pending the Disposition

of Motions and Stay of Claims and/or Parties" [D.I. 57], Plaintiff writes that he "will kill" if he does not receive a fair trial. ¶5. 5. Notwithstanding that Plaintiff fails to allege circumstances warranting his release

from DCC, his multiple references to criminal activity (i.e., death threats) provide adequate justification for his continued incarceration. 6. Plaintiff makes vague references to missing documents in his Motion to Stay.

[D.I. 57]. Without commenting on the veracity of such statements, State Defendants take no position on Plaintiff's request to stay the proceedings pending Plaintiff's filing of additional documents with the Court. WHEREFORE, for the reasons stated above, State Defendants respectfully request this Honorable Court to deny Plaintiff's Motion to Compel his release from the Delaware Department of Correction. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 [email protected] (302) 577-8400 Attorney for State Defendants

Date: October 24, 2007

Case 1:07-cv-00031-GMS

Document 58

Filed 10/24/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 24, 2007, I electronically filed Response to Plaintiff's Motion To Compel And Motion To Stay Proceedings with the Clerk of Court using CM/ECF. I hereby certify that on October 24, 2007, I have mailed by United States Postal Service, the document to the following non-registered party: NAME AND ADDRESS OF RECIPIENT(S): William Joseph Webb, Jr. SBI #256056 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 [email protected] (302) 577-8400 Attorney for State Defendants

Case 1:07-cv-00031-GMS

Document 58-2

Filed 10/24/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. FIRST CORRECTIONAL MEDICAL, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER

C. A. No. 07-31-GMS JURY TRIAL REQUESTED

IT IS SO ORDERED this ___________day of _____________, 2007 that Plaintiff's Motion to Compel Delaware Department of Corrections to Release Plaintiff from their Custody is DENIED.

___________________________________ United States District Judge