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Latona v. Pollack

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


July 10, 2008

RUSSELL ALAN LATONA PLAINTIFF,
v.
OFFICER MATTHEW POLLACK, ET AL. DEFENDANTS.

The opinion of the court was delivered by: District Judge McLaughlin

Magistrate Judge Baxter

ORDER

AND NOW, this 10th day of July, 2008;

IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration [Document # 27] is GRANTED insofar as Plaintiff's implied allegation of the use of excessive force against him by an unnamed guard will be permitted to go forward.

IT IS FURTHER ORDERED that Plaintiff file a second amended complaint to include the allegations alleged in the amended complaint regarding his Eighth Amendment claim pertaining to his medical treatment and his First Amendment claim, as well as the allegation involving the excessive use of force. The second amended complaint must be filed before August 1, 2008.

IT IS FURTHER ORDERED that Defendants file a responsive pleading to the second amended complaint before September 3, 2008.

Sean J. McLaughlin United States District Judge

20080710

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