IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
October 29, 2010
TONY DPHAX KING, JR., PLAINTIFF,
CITY OF PHILADELPHIA, ET AL., DEFENDANT.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
ORDER AND NOW, this 29th day of October, 2010, upon review of Defendant's Motion to Dismiss [Doc. No. 2] and Plaintiff's Response thereto [Doc. No. 4], and for the reasons set forth in the attached memorandum opinion, it is hereby ORDERED that Counts I, II, III, IV, and VI of Plaintiff's complaint are dismissed with prejudice for failure to state a claim on which relief may be granted. Count V is dismissed without prejudice, and Plaintiff is granted leave to file an amended complaint, naming the proper defendant, with regard to Count V only, within twenty-one (21) days of the date of this Order.
It is so ORDERED.
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