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Kevin Williams v. Thomas (Superintendent)

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


April 29, 2012

KEVIN WILLIAMS,
v.
THOMAS (SUPERINTENDENT), ET AL.,

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 29th day of April, 2012, upon consideration of the Defendant's Motion to Dismiss (Doc. No. 13) it is hereby ORDERED that the motion is GRANTED in part and DENIED in part as follows:

1. The Motion to Dismiss is GRANTED with respect to the claims against Defendants in their official capacities. All claims against Defendants in their official capacities are DISMISSED with prejudice;

2. The Motion to Dismiss is GRANTED with respect to the claims against Defendants Terra and Thomas in their individual capacities. Claims against Defendants Terra and Thomas in their individual capacities are DISMISSED without prejudice; and

3. The Motion to Dismiss is DENIED with respect to the claim against Defendant Colon for violation of Plaintiff's Eighth Amendment rights.

BY THE COURT:

LAWRENCE F. STENGEL

20120429

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