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

Case 1:04-cv-01385-GMS

Document 21

Filed 12/30/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Jack Wolf, Plaintiff, v. Thomas Carroll, DCC Medical Dept., C/O Pusey, C/O Carter, and Lt. Seacord, Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1385-GMS

MOTION TO DISMISS/SUMMARY JUDGMENT The Defendants, by and through undersigned counsel, hereby move this Honorable Court to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12 (b) (6). In support of their Motion, Defendants offer the Memorandum of Points and Authorities filed simultaneously herewith.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters Deputy Attorney General I.D. No. 3879 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Counsel for State Defendants DATE: December 30, 2005

Case 1:04-cv-01385-GMS

Document 21

Filed 12/30/2005

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Jack Wolf, Plaintiff, v. Thomas Carroll, DCC Medical Dept., C/O Pusey, C/O Carter, and Lt. Seacord, Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1385-GMS

ORDER IT IS HEREBY ORDERED this day of , 2006, that State

Defendants' Motion to Dismiss is hereby GRANTED.

______________________________ Judge Gregory M. Sleet

Case 1:04-cv-01385-GMS

Document 21

Filed 12/30/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on December 30, 2005, I electronically filed State Defendants' Motion to Dismiss with the Clerk of Court using CM/ECF which will send notification of such to the following: Kevin J. Connors, Esquire. I hereby certify that on December 30, 2005, I have mailed by United States Postal Service, the document to the following non-registered participant: Jack Wolf. 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 [email protected]