IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 30, 2010
JOSE M. RAMOS-VAZQUEZ, PLAINTIFF,
PRIMECARE MEDICAL, INC., BERKS COUNTY, ENOS MARTIN, M.D., VICTORIA GESSNER, M.D., AND GEORGE WAGNER, DEFENDANTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
AND NOW, this 30th day of September, 2010, upon consideration of Plaintiff's Amended Complaint (Doc. No. 24), the Motion to Dismiss filed by Defendants PrimeCare Medical, Inc., Dr. Enos Martin and Dr. Victoria Gessner (Doc. No. 28), the Motion to Dismiss and Motion to Strike filed by Defendant Berks County (Doc. No. 34), the Motion to Dismiss filed by Defendant Prison Warden George Wagner (Doc. No. 30), Plaintiff's Memoranda of Law in Opposition to these motions (Doc. Nos. 36-38), and for the reasons stated in the attached Memorandum Opinion, it is hereby ORDERED that:
1. The Motion to Dismiss filed by PrimeCare Medical, Inc., Dr. Martin and Dr. Gessner is DENIED;
2. Defendant Berks County's Motion to Dismiss and Motion to Strike is DENIED; and
3. Defendant Warden George Wagner's Motion to Dismiss is GRANTED; and Plaintiff's claims against Warden Wagner are DISMISSED without prejudice.
It is so ORDERED.
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