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IN THE SUPERIOR COURT FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY CHARLES M. ROBINSON, Plaintiff, v. STAN TAYLOR, et al., Defendants. : : : : : : : : : :

C.A. No. 05C-12-182

Submitted: May 4, 2006 Decided: August 21, 2006 ORDER Upon consideration of the State's motion to dismiss Charles Robinson's (plaintiff's) complaint, plaintiff's response thereto and the record in this case, it appears that: 1. This action arises from an incident which occurred while the plaintiff was incarcerated at

the Delaware Correctional Center in Smyrna, Delaware. 2. The facts of the incident are not in dispute. The plaintiff alleges in his complaint that on

"November 2nd, 2004, [he] was found to be in possession of a 9 inch [sic] shank, which he claimed did not belong to him."1 3. The other factual allegations relate to conversations plaintiff had after he was isolated as

a result of the incident and assertions that he did not have a fair hearing because he was unable to call all of the witnesses he desired.2

Compl.,

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