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Hinton v. Tennis

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


March 12, 2009

COREY HINTON, PLAINTIFF
v.
FRANKLIN J. TENNIS, ET AL. DEFENDANTS

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 12th day of March, 2009, upon consideration of the Commonwealth Defendants' motion to dismiss (Document #10), and the plaintiff's response thereto (Document #18), it is hereby ORDERED that the motion is GRANTED in part and DENIED in part.

IT IS FURTHER ORDERED that:

1. Defendant Simcox is DISMISSED as a defendant in this action;

2. Defendants Evans Gary, Jr., and Richard Bennett are DISMISSED as defendants in this action because of the lack of proper service;

2. The plaintiff shall file an amended complaint consistent with this Memorandum within thirty (30) days of the date of this Order;

3. Also within thirty (30) days of the date of this Order, Defendant Mr. Hamilton shall file a reason to show cause why default judgment should not be entered against him for failure to respond to this complaint.

20090312

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