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Stephon M. Bennett v. C/O Washington

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


January 9, 2013

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 9th day of January, 2013, upon consideration of the Motion to Dismiss filed by Defendants Prison Health Services ("PHS") and Kim Daniels (Docket No. 50), and the Motion to Dismiss filed by Defendants the City of Philadelphia ("the City"), Elizabeth Henry, and Malachi White (Docket No. 55), and all documents filed in connection thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED as follows:

1. PHS's and Kim Daniels's Motion for Leave to File a Reply Brief (Docket No. 54) is GRANTED.

2. The Motion to Dismiss filed by PHS and Kim Daniels is GRANTED, and the claims against PHS and Kim Daniels are DISMISSED.

3. The Motion to Dismiss filed by the City, Elizabeth Henry, and Malachi White is GRANTED insofar as it seeks dismissal of the claims against the City, and the claims against the City are DISMISSED.

4. The Motion to Dismiss filed by the City, Elizabeth Henry, and Malachi White is DENIED insofar as it seeks dismissal of the claims against Elizabeth Henry and Malachi White.

5. Plaintiff is granted leave to file a Second Amended Complaint that includes the claims against Henry and White which have not been dismissed, and also asserts cognizable claims against PHS, Daniels, and the City. Any Second Amended Complaint shall be filed within 21 days of the date of this Order.

BY THE COURT:

John R. Padova

20130109

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