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

Case 1:04-cv-01367-GMS

Document 22

Filed 06/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STANLEY TAYLOR, individually and in ) his official capacity as Commissioner of ) the Delaware Department of Correction; ) THOMAS CARROLL, individually and in ) his official capacity as Warden of the ) Delaware Correctional Center at Smyrna; ) DR. ALIE, individually and in her official ) capacity as Medical Director at DCC ) Smyrna; RN IHOMA, individually and in ) her official capacity as Registered Nurse at ) DCC Smyrna, ) ) Defendants. ) JULIAN A. MILLER,

C.A. No. 04-1367-KAJ

STATE DEFENDANTS' JOINT MOTION TO DISMISS PURSUANT TO RULES 12 (B)(1) AND 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE COME NOW, the Defendants, Stanley Taylor and Thomas Carroll, by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12(b)(1) and 12 (b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the Defendants. In support of their motion to dismiss, the

Defendants have filed simultaneously herewith a memorandum of points and authorities demonstrating arguments in favor of the requested relief. WHEREFORE, the Defendants respectfully request that this Honorable Court enter an Order dismissing Plaintiff's claims with prejudice.

Case 1:04-cv-01367-GMS

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Filed 06/21/2005

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STATE OF DELAWARE DEPARTMENT OF JUSTICE /S/ Aaron R. Goldstein ___________________________ Aaron R. Goldstein #3735 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8308 Attorney for Defendants Taylor and Carroll.

DATE: June 21, 2005

Case 1:04-cv-01367-GMS

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Filed 06/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STANLEY TAYLOR, individually and in ) his official capacity as Commissioner of ) the Delaware Department of Correction; ) THOMAS CARROLL, individually and in ) his official capacity as Warden of the ) Delaware Correctional Center at Smyrna; ) DR. ALIE, individually and in her official ) capacity as Medical Director at DCC ) Smyrna; RN IHOMA, individually and in ) her official capacity as Registered Nurse at ) DCC Smyrna, ) ) Defendants. ) JULIAN A. MILLER,

C.A. No. 04-1367-KAJ

ORDER AND NOW, this day of , 2005, the Motion to Dismiss filed by

Defendants Stanley Taylor and Thomas Carroll 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 Kent A. Jordan United States District Court

Case 1:04-cv-01367-GMS

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Filed 06/21/2005

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CERTIFICATE OF MAILING AND/OR DELIVERY
I hereby certify that on June 21, 2005, I electronically filed Defendants' Motion to Dismiss with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: (incarcerated pro se matter). I hereby certify that on June 21, 2005, I have mailed by United States Postal Service, the attached document to the following non-registered participant: Julian A. Miller, S.B.I. # 393626, Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977.

/s/ Aaron R. Goldstein Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]