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McClain v. Alveriaz

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


October 26, 2009

RALPH WILLIAM MCCLAIN, JR., PLAINTIFF,
v.
SGT ALVERIAZ, LT. DOYLE, C.O. SHOVLIN, C.O. HUESBY, C.O. SEVERA, C.O. SANCHEZ, DR. FISHTEIN, AND JOHN DOES #1-3

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 26th day of October, 2009, upon consideration of Defendant Priscilla Thomas's Motion to Dismiss (Docket No. 44) and Plaintiff's Response thereto (Docket No. 48); Defendant Mark Fishtein, M.D.'s Second Motion to Dismiss Plaintiff's Amended Complaint, or in the Alternative, for Summary Judgment (Docket No. 45), Plaintiff's Objection thereto (Docket No. 50), and Defendant Fishtein's Reply Brief (Docket No. 53); and the Motion for Judgment on the Pleadings by Defendants Alveriaz, Doyle, Shovlin, Sanchez, and Severa (Docket No. 55), and upon conducting an evidentiary hearing on October 6, 2009 as to the issues raised in the above Motions, it is hereby ORDERED as follows:

1. Defendant Thomas's Motion to Dismiss is GRANTED. JUDGMENT IS ENTERED in favor of Defendant Thomas and against Plaintiff;

2. Defendant Fishtein's Second Motion to Dismiss Plaintiff's Amended Complaint or, in the Alternative, for Summary Judgment is GRANTED. JUDGMENT IS ENTERED in favor of Defendant Fishtein and against Plaintiff;

3. The Motion of Defendants Alveriaz, Doyle, Shovlin, Sanchez, and Severa is GRANTED. JUDGMENT IS ENTERED in favor of these Defendants and against Plaintiff; and

4. Plaintiff's Motion to Alter the Court's Order (Docket No. 58) and Motion to Transfer (Docket No. 59) are DENIED.*fn1

It is so ORDERED.


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