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DEPARTMENT OF JUSTJCE CR FAX (302) sv?-2496 `
JOSEPH R. einem, ru 82¤NNE£$£i=ELEEN$Z`é'il§EET FMEiEi
August 4, 2008
Via CMIECF Electronic Filing A-
The Honorable Leonard P. Stark
A- United States District Court, District of Delaware J
U.S. Courthouse
844 King Street · a
Lockbox 26 y
Wilmington, DE 19801 1.
J
Re: Frink v. MacLeish, et. al.
CA. N0. 07-530 SLR/LPS
Dear Judge Stark:
Four of the eight Defendants in the above case ("Superviso1y Defendantsâ€) filed a E
Motion to Dismiss and Opening Brief on April 25, 2008. (DJ. ,#16—17). Pursuant to ·
Your Honor’s Order of June 26, 2008, you requested the pro se Plaintiff to Hle his L
Answering Brief to the Motion to Disrniss on or before July 28, 2008, and Defendant’s
Reply Brief by August 7, 2008.
On or about July 25, 2008, Plaintiff filed a one page document as his Answering
Brief. (D.I. #22). In that document, Plaintiff did not substantively respond to the legal .
arguments raised in the Opening Brief but simply reiterated his claims in the Complaint p J
y that the incident was cause by Defendants’ "negligence" and that he suffered serious
injuries and expenses as a result. ln light of Plaintiffs tiling, the State Defendants will
stand upon the arguments raised in the Opening Brief and will waive the filing of a reply
brief as to the Motion to Dismiss. l am available if the Court has any questions or
requires any additional information.
Respectfully submitted, E q
`
_/S/ Stepharzi JT Ballard _
Stephani J. Ballard
Deputy Attorney General
cc: John O. Fiink, Jr. (via U.S. mail)
I 4
Case 1:07-cv-00530-SLR-LPS
Document 23
Filed 08/04/2008
Page 1 of 1