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Hinton v. Tennis

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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