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Christopher v. United States

United States District Court, M.D. Pennsylvania

March 31, 2015

JERRELL CHRISTOPHER, Plaintiff,
v.
UNITED STATES, et al., Defendants.

ORDER

WILLIAM J. NEALON, District Judge.

AND NOW, THIS 31st DAY OF MARCH, 2015, for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED THAT:

1. Defendant's motion to dismiss (Doc. 27) Plaintiff's prayer for relief of $900, 000.00 is GRANTED. Plaintiff's prayer for relief is limited to the $150, 000.00 amount he requested in the administrative tort claim.
2. Defendant's motion to dismiss (Doc. 27) Plaintiff's FTCA claim is DENIED.
3. Plaintiff's motion for leave to file a Certificate of Merit (Doc. 31) is GRANTED. Plaintiff shall file a Certificate of Merit that complies with Pa. R. Civ. P. 1042.3 on, or before, APRIL 30, 2015.
4. Plaintiff's failure to timely file a certificate of merit will result in dismissal of his FTCA claim.
5. Defendant's motion for summary judgment is DISMISSED WITHOUT PREJUDICE as premature.

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