IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 21, 2012
WILLIAM BRANDON CUMMINGS PLAINTIFF,
SGT. SMITH, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
ORDER AND NOW, this 21st day of December 2012, upon consideration of the Motion to Dismiss of Defendant, Sgt. Robert Smith, to which no response has been filed, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that:
1. The Motion is GRANTED.
2. The claim relating to verbal harassment is DISMISSED with prejudice.
3. The claims relating to the destruction or removal of legal papers and the spraying of mace are DISMISSED without prejudice.
4. Plaintiff may file an amended complaint in accordance with the Court's memorandum opinion no later than January 15, 2013.
5. The Clerk is directed to CLOSE the case. It is so ORDERED.
BY THE COURT:
Cynthia M. Rufe
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