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ATKINSON v. TAYLOR

No. CIV.A.99-562-JJF.

277 F.Supp.2d 382 (2003)

Roger ATKINSON, Plaintiff, v. Stanley TAYLOR et al., Defendants.

United States District Court, D. Delaware.

August 7, 2003.

Attorney(s) appearing for the Case

Richard H. Morse, Esquire of Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Plaintiff.

Michael F. Foster, Esquire of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendant, Commissioner, Stanley Taylor.

Marc P. Niedzielski, Esquire of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendant, Warden, Raphael Williams.

Stuart B. Drowos, Esquire of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendants Major Perry Phelps and the State of Delaware Department of Corrections.

Laura L. Gerard, Esquire of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendant, Sergeant Parker.

Gregory E. Smith, Esquire of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendants Fred Way and Andre Green.

MEMORANDUM OPINION

FARNAN, District Judge.

Currently pending before the Court is Defendants' Motion to Dismiss Pursuant to the Fugitive Disentitlement Doctrine (D.I. 122). For the reasons discussed, the motion will be denied.

I. Nature and Stage of Proceedings

Plaintiff, Roger Atkinson filed this civil action when he was an inmate incarcerated within the State of Delaware by the Department of Corrections ("DOC"). Plaintiff completed...

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