IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 16, 2012
ROBERT LINSKEY, PLAINTIFF,
ANTHONY GUARIGLIA, ROSS LATONA, MARTIN QUINN, MARK SINGER, AND BRUCE KNICK, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, DEFENDANTS.
The opinion of the court was delivered by: Judge Caputo
ORDER NOW, this 16th day of April, 2012, IT IS HEREBY ORDERED that:
(1) Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 7) is GRANTED in part and DENIED in part.
(2) Defendants' motion to dismiss Count III of the Second Amended Complaint is GRANTED and the improper state ouster claim is dismissed. Plaintiff has twenty-one (21) days from the date of this Order to amend the Second Amended Complaint to properly plead this claim; otherwise, the improper state ouster claim is dismissed with prejudice.
(3) Defendants' motion to dismiss Count I and Count II of the Second Amended Complaint is DENIED.
A. Richard Caputo United States District Judge
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