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

Case 1:07-cv-00617-SLR

Document 7

Filed 11/26/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MARTIN BROWN, Plaintiff, v. STATE OF DELAWARE, Defendant. ) ) ) ) ) ) ) ) )

C. A. No. 07-00617 ***

STATE OF DELAWARE'S MOTION TO DISMISS COMPLAINT Defendant, State of Delaware, by and through its counsel, hereby moves this Honorable Court to enter an Order dismissing Plaintiff's Complaint with prejudice, pursuant to Fed.R Civ.P. 12(b)(1) and 12(b)(6), for the reasons set forth in the accompanying State of Delaware's Opening Brief in Support of Motion to Dismiss. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Linda M. Carmichael Linda M. Carmichael, I.D. #3570 Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State of Delaware DATED: November 26, 2007

Case 1:07-cv-00617-SLR

Document 7

Filed 11/26/2007

Page 2 of 2

CERTIFICATE OF SERVICE I hereby certify that on November 26, 2007, I electronically filed the State of Delaware's Motion to Dismiss the Complaint with the Clerk of the Court using CM/ECF. In addition, I caused the attached to be mailed via first class mail to: Martin Brown 2458 Hickman Road Greenwood, DE 19950 Via first class mail By: /s/ Linda M. Carmichael Linda M. Carmichael I.D. #3570 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Flr. Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for the State of Delaware