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Booze v. Wetzel

United States District Court, M.D. Pennsylvania

June 3, 2014

JOSHUA BOOZE, Plaintiff,
v.
JOHN WETZEL, et al., Defendants.

ORDER

YVETTE KANE, District Judge.

AND NOW, on this 3rd day of June 2014, IT IS HEREBY ORDERED THAT Magistrate Judge Schwab's Report and Recommendation (Doc. No. 45) is ADOPTED.

IT IS FURTHER ORDERED THAT Defendants' motion to dismiss Plaintiff's complaint with prejudice (Doc. No. 16) is GRANTED AND DENIED IN PART AS FOLLOWS:

1. Plaintiff's official capacity claims against Defendants are DISMISSED WITH PREJUDICE;
2. Plaintiff's remaining claims are DISMISSED WITHOUT PREJUDICE;
3. Plaintiff may file an amended complaint within twenty-one days of the date of this order; and,
3. The above-captioned action is REFERRED BACK to Magistrate Judge Schwab for pretrial management, including disposition of any pending motions.

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