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Fabian v. United States

United States District Court, Third Circuit

October 7, 2013

FRANCISCO FABIAN Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

ORDER

GENE E.K. PRATTER, District Judge.

AND NOW, this 7th day of October, 2013, upon consideration of the United States' Motion to Dismiss Plaintiff Francisco Fabian's Complaint for failure to file a certificate of merit (Docket No. 8) and Mr. Fabian's Response thereto (Docket No. 9), the Court HEREBY ORDERS that:

1. The Government's Motion to Dismiss (Docket No. 8) is DENIED;
2. Mr. Fabian MUST RESUBMIT any exhibits attached to his Complaint by Monday, October 21, 2013;[1] and
3. Mr. Fabian SHALL FILE A CERTIFICATE OF MERIT by Friday, December 6, 2013, or his Complaint may be subject dismissal without prejudice for failure to prosecute.

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