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Simmers v. Elo

United States District Court, E.D. Pennsylvania

June 5, 2015

JAMES SIMMERS, Plaintiff,
v.
JAMES ELO; MIKE KELLY; TIMOTHY DEERY; JOSE COLLAZO; JAMES W. AVERY; JOSEPH RALSTON; ANDREW KELLY; NEHEMIAH HAIGLER; JOHN BRENNAN; AVRIL EKLUND; TIMOTHY RILEY; and JOHN AND JANE DOES 1-25, Defendants.

ORDER

WENDY BEETLESTONE, J.

AND NOW, this 5th day of June, 2015, upon consideration of Commonwealth Defendants' Motion to Dismiss Plaintiffs First Amended Complaint (ECF No. 13) and the opposition thereto (ECF No. 14), IT IS ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART as follows:

Counts II and IV are DISMISSED WITH PREJUDICE; Count V is DISMISSED WITHOUT PREJUDICE; and The Motion is DENIED in all other respects.


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