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Mark v. Patton

United States District Court, E.D. Pennsylvania

December 9, 2014

MARISSA MARK
v.
BRIAN J. PATTON et al.

ORDER

L. FELIPE RESTREPO, District Judge.

AND NOW, this 9th day of December, 2014, having considered Plaintiff's Complaint (ECF No. 6), Defendants' Motion to Dismiss (ECF No. 11), Plaintiff's Motion for Reconsideration (ECF No. 12), Defendants' Reply in Support (ECF No. 14), and Plaintiff's Response in Opposition (ECF No. 15), it is hereby ORDERED that Defendants' Motion to Dismiss (ECF No. 11) is GRANTED as follows:

1. The negligence claim against Brian J. Patton and FDC Philadelphia is dismissed with prejudice, and the United States of America is substituted as the proper defendant for Plaintiff's negligence claim.
2. The negligence claim against the United States of America is dismissed without prejudice.
3. The Bivens claim against FDC Philadelphia is dismissed with prejudice.
4. The Bivens claim against Brian J. Patton is dismissed without prejudice.

IT IS FURTHER ORDERED that Plaintiff is granted leave to file an amended complaint within sixty days.


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