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Estes Smith v. Patrick R. Donahoe

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


January 15, 2013

ESTES SMITH
v.
PATRICK R. DONAHOE, POSTMASTER GENERAL

The opinion of the court was delivered by: Elizabeth T. Hey United States Magistrate Judge

ORDER

AND NOW, this 15th day of January, 2013, upon consideration of Defendant's Motion to Dismiss Plaintiff's Amended Complaint, the response, reply, and sur-reply, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that Plaintiff's request to WITHDRAW Count I of the Amended Complaint is GRANTED, and the Motion to Dismiss (Doc. 14), properly considered as one filed pursuant to Federal Rule of Civil Procedure 12(b)(6), is DENIED.

BY THE COURT:

ELIZABETH T. HEY

20130115

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