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Hertrich v. Potter

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


February 14, 2006

RONALD J. HERTRICH, PLAINTIFF,
v.
JOHN E. POTTER, DEFENDANT.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

Order of Court

AND NOW, this 14th day of February, 2006, after careful review of defendant John E. Potter's motion to dismiss or for partial summary judgment (Documents No. 2, 3), and in light of plaintiff's failure to file the response that was due by February 10, 2006, the Court agrees with defendant that plaintiff Ronald J. Hertrich has failed to exhaust his administrative remedies with regard to his retaliation claim at Count II of the complaint. Accordingly,

IT IS HEREBY ORDERED that defendant's motion to dismiss or in the alternative, for partial summary judgment (Document No. 2, 3) is GRANTED, and Count II of the complaint is DISMISSED with prejudice.

20060214

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