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Ozoroski v. Maue

March 16, 2009

STANLEY N. OZOROSKI, PLAINTIFF
v.
DR. FREDERICK R. MAUE, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of March, 2009, upon consideration of plaintiff's third amended complaint (Doc. 65), permissively filed pursuant to the memorandum and order of court (Doc. 63) dated February 18, 2009, and it appearing that Jeffrey A. Beard ("Beard") was dismissed as a defendant in the above-captioned matter, (see id. at 7 n.9), and that the official capacity claims were dismissed with prejudice against defendants Dr. Frederick R. Maue ("Maue") and Marva Cerullo ("Cerullo"), (id. at 11-12; order ¶ 2(a)), but that plaintiff's third amended complaint re-alleges claims against Beard, (see Doc. 65), as well as official capacity claims against both Maue and Cerullo, (see id.), it is hereby ORDERED that plaintiff's third amended complaint (Doc. 65) is STRICKEN. Plaintiff shall be permitted to re-file a third amended complaint that comports with the memorandum and order of court (Doc. 63) dated February 18, 2009.

CHRISTOPHER C. CONNER United States District Judge

20090316

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