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Ozoroski v. Maue

November 10, 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 10th day of November, 2009, upon consideration of the motion (Doc. 79) to dismiss the third amended complaint (Doc. 68), filed by defendants Dr. Frederick R. Maue and Marva Cerullo (hereinafter "defendants"),*fn1 and it appearing that defendants invoke immunity from suit in their official capacities, and contend that the third amended complaint fails to state a claim for which relief may be granted, and that it is barred by the applicable statute of limitations, (see Doc. 80), and it further appearing that defendants raised identical arguments in a motion (Doc. 35) to dismiss plaintiff's second amended complaint (Doc. 31),*fn2 and that by the order of court (Doc. 63) dated February 18, 2009, plaintiff's official capacity claims were dismissed, but his complaint was found to adequately state a claim for relief under the First and Eighth Amendments, (see id. at 18-27), and not to be barred, on its face, by the statute of limitations, (see id. at 12- 18), and the court concluding that the February 18 dismissal memorandum sufficiently addresses each of the arguments raised in defendants' instant motion,*fn3 it is hereby ORDERED that defendants' motion (Doc. 79) to dismiss the third amended complaint is DENIED.

CHRISTOPHER C. CONNER United States ...


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