Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

——·—— ~ ~ - _ · is v-00031 -GlV|S Document 38 Filed 08/15/2007 Page 1 of 4
— '· it ne _. §
AUS ‘l ai 888/
Wi N THE UNITED STATES DISTRICT COURT
z DELAWARE
ii ..e,.........e 1..C1 _. - . FOR THE DISTRICT OF DELAWARE
`WILLLAM JOSEPH WEBB JR.,
Plaintiff} CIV. ACT. NO. : 07-31-GMS
v.
FIRST CORRECTIONAL MEDICAL, JURY TRIAL REQUESTED
ET.AL.,
Defendants.
MOTION FOR REHSTATEMENT OF DEFENDANT,
FIRST CORRECTIONAL MEDICAL.
Comes now, Plaintiff William Joseph Webb Jr. in presenting His Motion to Reinstatement of
Defendant, First Correctional Medical for the good cause shown and excerpts of law:
1. First Correctional Medical was terminated from the proceedings without notification to
Piainrifri
2. First Correctional Medical falls under the jurisdiction of this Court where it had an office
address in the State of Delaware (2-43 McKee Road, Dover, Delaware 19904) at the time the
incidents occurred arising to constitutional violations that have deemed to pass the initial
muster for the Court to order Seivice of the Complaint for Defendants to answer.
3. 28 U.S.C. § 1391 (a) (2) states: "a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred, .... "
4. 28 U.S.C. § 1391 (b) (2) states: "a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred, .... "
5. The State defendants and its codefendants have tried to use the lack of personal jurisdiction
over defendants as a defense where it is clear that the State of Delaware has had contact with
"FCM" where they hired "FCM" to be their medical health care provider for the State prison
system.

Case 1 :07-cv-00031-GIVIS Document 38 Filed 08/15/2007 Page 2 of 4
6. The Court has jurisdiction over Plaintiff’ s claims and the defendant "FCM" due to they had
an actual presence in the State of Delaware not just a business license.
7. The Plaintiff has shown just cause for "FCM" to be reinstated to the proceedings.
RELIEF:
The Court exercise its jurisdiction over "FCM" and have them answer to the complaint or be
found in default with being held liable without the benefit of a jury trial or much less a defense.
Respectfully Submitted,
Q;. 1,4;//Q,
Dated: August 13, 2007 William Joseph Webb Jr.
#256056 / DIE F1'/T
1181 Paddock Read
Smyrna, DE 19977
- 2 -

Case 1:07—cv—00031-Gl\/IS Document 38 Filed 08/15/2007 Page 3 of 4
· Certificate of Service
I, William J. Webb Jr. hereby certify that I have served a true and correct cop(ies) of
the attached Motion Upon the following parties/persons:
To: Eileen Kelly
820 North French Street
Wilmington, DE 19801
To: Patrick G. Rock
913 Market Street
Suite 800
Wilmington, DE 19801
To: First Correction Medical
205 W. Giaconda Way
Suite 115
Tucson, AZ 85704
To: Dr. Ali A
1 181 Paddock Road
Smyrna, DE 19977
BY PLACING SAME 1N A SEALED ENVELOPE, and depositing same in the United States
Mail at the Delaware Correctional Center, Smyrna, DE 19977.
On this Q day of August , 20Q
_Z/ /E4/E; - _
William JT ebb Jr. #25605

Case1:07-cv-00031-GIVIS Document 38 Filed 08/15/2007 Page40f4
U2 •-* C3 U2 ‘:· ""
§ as M 2 3
YPIKL ¢> T. Pd; 0
A ‘»/_ _`Z ¤>» 2
`yii->,=Y;<,?>·g G 3) Q"
* pj 2 cu Q
E; :>=: Q gg ty
2 ig ES J
Fj ,,
5 5 ¤ M
:-43 G $0
g 0 cx
. =.¤ Z Z1
—:• ;1> »-9 0 Q"
Q F Q; `
Q x
Z "°¤
Q *w-»,
FU Wi": CIA
gigs ·
AH `
l·.:.
fg § Y
I_:'i
sv Z5" N
#.4:/ ZJ »
V) '•~. .
Eb 5 9`\
A 5
‘*··¤ N cx ==—»~\
@1 '§ `
Eff \ 7* §
E§'··» Q` @.3 3*.5
~