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Tutora v. Sweeney

United States District Court, Eastern District of Pennsylvania

December 15, 2014

TOLEKSIS B. TUTORA, Plaintiff,
v.
DIRECTOR SWEENEY and WARDEN DONATE, Defendants.

ORDER

MITCHELL S. GOLDERG, J.

AND NOW, this 15th day of December, 2014, upon consideration of the “Motion of Defendants Director Sweeney and Warden Donate for Dismissal Under Fed.R.Civ.P. 12(b)(6)” (doc. no. 16) and Plaintiff’s response thereto, it is hereby ORDERED that:

- Defendants’ motion to dismiss is GRANTED. Plaintiff’s claim based on his fall from the top bunk due to the absence of safety measures is DISMISSED WITH PREJUDICE.
- Plaintiff’s medical claim is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff is given leave to file a second amended complaint as to that claim within thirty (30) days of the date of this Order. If he fails to do so, the claim will be dismissed with prejudice and this case will be closed.

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