Wallace et al v. James T. Vaughn Correctional Center et al
James J. Wallace and Catharine N. Wallace |
Any 3rd Party Contractors and James T. Vaughn Correctional Center |
1:2012cv01563 |
November 26, 2012 |
US District Court for the District of Delaware |
Wilmington Office |
XX US, Outside State |
Sue L. Robinson |
P.I.: Other |
28 U.S.C. ยง 1332 Diversity-Personal Injury |
Plaintiff |
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Filing 8 MEMORANDUM ORDER - that the VCC is dismissed as a defendant,as it is immune from suit, and the complaint is dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §1915(e)(2)(B}(ii). However, since it appe ars plausible that plaintiffs may be able to articulate a claim against a defendant or name alternative defendants, they will be given an opportunity to amend the complaint. The amended complaint shall be filed within thirty (30) days from the date of this order. If plaintiffs do not file an amended complaint within the time allowed, then the consolidated case will be closed. James T. Vaughn Correctional Center terminated. Signed by Judge Sue L. Robinson on 4/4/13. (rwc) |
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