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

Case 1:06-cv-00739-JJF

Document 17

Filed 08/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICHAEL D. CHAMBERS Plaintiff, v. GOVERNOR RUTH ANN MINNER, and ATTORNEY GENERAL CARL DANBERG Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-739-JJF

STATE DEFENDANTS' MOTION TO DISMISS NOW COME, the State Defendants, Ruth Ann Minner, Governor of the State of Delaware and Carl C. Danberg, former Attorney General of the State of Delaware ("State Defendants") 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 moving State Defendants. In support of their Motion to Dismiss, the State Defendants have filed simultaneously herewith a Memorandum of Points and Authorities demonstrating the requested relief. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400

Case 1:06-cv-00739-JJF

Document 17

Filed 08/23/2007

Page 2 of 2

CERTIFICATE OF SERVICE AND MAILING I hereby certify that on August 23, 2007, I electronically filed State Defendants' Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on August 23, 2007, I have mailed by United States Postal Service, the document to the following non-registered participant:

Michael D Chambers, Inmate GG 9667, Unit/Side B/B State Correctional Institution 10745, Route #18 Albion, PA 16475-0002 .

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General Department of Justice 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]

Case 1:06-cv-00739-JJF

Document 17-2

Filed 08/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICHAEL D. CHAMBERS Plaintiff, v. GOVERNOR RUTH ANN MINNER, and ATTORNEY GENERAL CARL DANBERG Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ORDER AND NOW, this day of , 2007, the Motion to Dismiss

C.A. No. 06-739-JJF

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 movants and against the Plaintiff.

____________________________________ The Honorable Joseph J. Farnan, Jr., United States District Court