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

Case 1:04-cv-01243-JJF

Document 25

Filed 12/19/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RONALD PROCTOR, Plaintiff, v. C/O COVENTRY, SGT FAUST, LT. SALAS, LT. JOHN DOE I, DR. BROWN, BRIAN ENGREM Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1243-JJF

STATE DEFENDANTS' MOTION TO DISMISS/SUMMARY JUDGMENT COME NOW, State Defendants, George Coventry, William Faust, Brian Engrem and John Salas by and through undersigned counsel, and hereby respectfully request that this Honorable Court enter an Order, pursuant to Rules 12 (b)(6) and 56 of the Federal Rules of Civil Procedure, dismissing with prejudice all claims against the State defendants. In support of their motion to dismiss/summary judgment, State defendants have filed simultaneously herewith a memorandum of points and authorities demonstrating the requested relief. WHEREFORE, State 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 Carvel State Office Building 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] DATE: December 19, 2005 Attorney for State Defendants

Case 1:04-cv-01243-JJF

Document 25

Filed 12/19/2005

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RONALD PROCTOR, Plaintiff, v. C/O COVENTRY, SGT FAUST, LT. SALAS, LT. JOHN DOE I, DR. BROWN, BRIAN ENGREM Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1243-JJF

ORDER AND NOW, this day of , 200__, the Motion to Dismiss 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 movant and against the Plaintiff.

_____________________________________ The Honorable Joseph J. Farnan, Judge United States District Court

Case 1:04-cv-01243-JJF

Document 25

Filed 12/19/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on December 19, 2005, I electronically filed Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on December 19, 2005I have mailed by United States Postal Service, the document to the following non-registered participant: Ronald Proctor SBI # 163750 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]