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Bistrian v. Levi

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


July 29, 2010

PETER BISTRIAN, PLAINTIFF,
v.
WARDEN TROY LEVI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 29th day of July, 2010, upon consideration of Plaintiff's Second Amended Complaint [Doc. No. 17], FDC Defendants' Motion to Dismiss [Doc. No. 20], Defendant Reynolds's Motion to Dismiss Second Amended Complaint of Plaintiff Peter Bistrian [Doc. No. 18], Defendant United States' Motion to Dismiss [Doc. No. 21], Plaintiff's Memorandum of Law in Opposition [Doc. No. 24], Defendants' reply briefs, and for the reasons stated in the attached Memorandum Opinion, it is hereby ORDERED that:

1) FDC Defendants' Motion to Dismiss is GRANTED in part, DISMISSED in part. Counts VI-IX are dismissed, and Counts I-V and X remain;

2) Defendant Reynolds's Motion to Dismiss is GRANTED in part, DISMISSED in part. Count IX is dismissed, and Count IV remains;

3) Defendant United States' Motion to Dismiss is GRANTED. Counts XII-XIX are dismissed; and

4) Count XI is DISMISSED by consent of Plaintiff.

It is so ORDERED.

20100729

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