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Stephon M. Bennett v. C/O Washington

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


August 13, 2012

STEPHON M. BENNETT
v.
C/O WASHINGTON, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 13th day of August, 2012, upon consideration of Defendant Transcare ML Inc.'s ("Transcare") Motion to Dismiss Plaintiff's Amended Complaint (Docket No. 36), and Plaintiff's response thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED as follows:

1. The Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Plaintiff's claim under 42 U.S.C. § 1983 against Transcare, and that claim is DISMISSED. The Motion is DENIED as to Plaintiff's state law claim against Transcare.

2. Transcare shall file an Answer to Plaintiff's Amended Complaint within 20 days of the date of this Order.

BY THE COURT:

John R. Padova

20120813

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