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Banegas v. Hampton

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


April 22, 2009

MARIO BANEGAS, PLAINTIFF
v.
JOHN HAMPTON ET AL., DEFENDANTS

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

ORDER

AND NOW, this 22d day of April, 2009, upon consideration of the Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows:

1. The motion to dismiss the claims contained in Count V against Warden D. Edward McFadden in his official capacity is GRANTED. Those claims are hereby DISMISSED;

2. The motion to dismiss the claims contained in Count V against the County of Chester, the Chester County Prison Board, and Warden D. Edward McFadden in his personal capacity is DENIED.

LAWRENCE F. STENGEL, J.

20090422

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