Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01328-GMS

Document 27

Filed 12/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES HALL, Plaintiff, v. DAVID HOLMAN, Deputy Warden LAWRENCE McGUIGAN, and CLYDE SAGERS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1328-GMS

STATE DEFENDANTS MOTION TO DISMISS/SUMMARY JUDGMENT PURSUANT TO RULE 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE COME NOW, the Defendants, David Holman, Lawrence McGuigan and Clyde Sagers by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12(b)(1), 12 (b)(6) and 56(c) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the Defendants. In support of their motion to dismiss/summary judgment, the Defendants have filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief. WHEREFORE, the Defendants respectfully requests that this Honorable Court enter an Order dismissing Plaintiff's claims with prejudice. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi #3927 Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for State Defendants

Date: December 8, 2005

Case 1:04-cv-01328-GMS

Document 27

Filed 12/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES HALL, Plaintiff, v. DAVID HOLMAN, Deputy Warden LAWRENCE McGUIGAN, and CLYDE SAGERS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1328-GMS

ORDER AND NOW, this day of , 200___, the Motion to Dismiss filed

by Defendants David Holman, Lawrence McGuigan and Clyde Sagers 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 movant and against the Plaintiff.

_____________________________________ The Honorable Gregory M. Sleet, Judge United States District Court

Case 1:04-cv-01328-GMS

Document 27

Filed 12/08/2005

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CERTIFICATE OF SERVICE I hereby certify that on December 8, 2005, I electronically filed Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on December 8 2005, I have mailed by United States Postal Service, the document to the following non-registered participant: James Hall SBI # 167581 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ Lisa Barchi Lisa Barchi # 3927 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]