IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 28, 2011
JEFFERY LEE BOSOLD
WARDEN, SCI-SOMERSET, ET AL.
The opinion of the court was delivered by: John R. Padova, J.
AND NOW, this 28th day of December, 2011, upon consideration of Defendants' Motion to Dismiss (Docket No. 9), and all documents filed in connection therewith, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART as follows:
1. The Motion is DENIED insofar as it seeks dismissal of this action for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3).
2. The Motion is DENIED insofar as it seeks to transfer this action to the Middle or Western District of Pennsylvania pursuant to 28 U.S.C. § 1404(a).
3. The Motion is GRANTED insofar as it seeks dismissal of this action pursuant to Federal Rule of Civil Procedure 12(b)(6). Count I of the Amended Complaint is DISMISSED WITH PREJUDICE as to Plaintiff's claim, brought pursuant to 42 U.S.C. § 1983, for violation of his rights under the Fourth and Fifth Amendment and under the Due Process Clause of the Fourteenth Amendment. Count II of the Amended Complaint is also DISMISSED WITH PREJUDICE.
4. Plaintiff may file a second amended complaint within 20 days of the date of this Order asserting a claim pursuant to 42 U.S.C. §1983 for violation of his Eighth Amendment right to be free of cruel and unusual punishment.
BY THE COURT:
John R. Padova
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