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

Case 1:04-cv-00329-SLR

Document 21

Filed 09/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERNEST CRUMP, JR. Plaintiff, v. ROBERT MAY, THOMAS RYGIL, VINCE BIANCA, and STAN TAYLOR, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-329-SLR

DEFENDANTS' MOTION TO DISMISS The State Defendants, by and through undersigned counsel, hereby move this honorable Court to enter an Order dismissing Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b) (6) for failure to state a claim upon which relief can be granted. In support of their motion, the Defendants present a Memorandum of Points and Authorities in Support of the Motion to Dismiss filed simultaneously herewith.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 (302) 577-8400 [email protected]

Dated: September 12, 2005

Case 1:04-cv-00329-SLR

Document 21

Filed 09/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERNEST CRUMP, JR. Plaintiff, v. ROBERT MAY, THOMAS RYGIL, VINCE BIANCA, and STAN TAYLOR, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-329-SLR

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

filed by state defendants in the above-captioned matter having been duly considered, and any opposition thereto, is granted; and, IT IS ORDERED that plaintiff's claims against State Defendants be dismissed, with prejudice.

_________________________________

The Honorable Sue L. Robinson, Chief Judge United States District Court

Case 1:04-cv-00329-SLR

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Filed 09/12/2005

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CERTIFICATE OF SERVICE I hereby certify that on September 12, 2005, I electronically filed Defendants' Motion to Dismiss with the Clerk of Court using CM/ECF. I hereby certify that on September 12, 2005, I have mailed by United States Postal Service, the document to the following non-registered participant: Ernest A. Crump, Jr.; SBI #149221; Delaware Correctional Center; 1181 Paddock Road; Smyrna, DE 19977. 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]