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Harcum v. Leblanc

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


September 2, 2009

DARREN HARCUM, PLAINTIFF,
v.
MARCEL LEBLANC, DEFENDANT.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

Order

AND NOW on this 2d day of September 2009, upon consideration of plaintiff's motion to proceed in forma pauperis (Doc. No. 1) and plaintiff's complaint, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to proceed in forma pauperis is GRANTED.

2. Plaintiff's complaint is DISMISSED to the extent that plaintiff invokes the Fourteenth Amendment as a separate and independent basis for relief.

3. Plaintiff's delay of medical care claim is DISMISSED.

4. Plaintiff's Eighth Amendment claim based on defendant's use of prison keys is DISMISSED.

5. Plaintiff's Eight Amendment claim based on defendant's kicking him may proceed.

20090902

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