SCINTO v. FEDERAL BUREAU OF PRISONS et al

Filing 25

ORDER granting in part and denying in part 13 Motion to Dismiss; granting in part and denying in part Motion to Transfer Case 14 . Signed by Judge Paul L. Friedman on March 30, 2009. (MA)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) PAUL SCINTO, SR., ) ) Plaintiff, ) ) v. ) Civil Action No. 08-0361 (PLF) ) FEDERAL BUREAU OF PRISONS, et al., ) ) Defendants. ) __________________________________________)

ORDER For the reasons stated in the Opinion issued this same day, it is hereby ORDERED that defendants' motion to dismiss [13] or, in the alternative, to transfer venue [14] is GRANTED in part and DENIED in part; it is FURTHER ORDERED that the claims against defendants the Bureau of Prisons, Lappin and White are DISMISSED; it is FURTHER ORDERED that the claims against defendants Stansberry, McClintock and Holt may proceed only to the extent they are sued in their individual capacities; it is FURTHER ORDERED that this action shall be TRANSFERRED to the United States District Court for the Eastern District of North Carolina; it is FURTHER ORDERED that the Clerk of the Court shall transfer all papers in this proceeding, together with a certified copy of this Order, to the United States District Court for the Eastern District of North Carolina; and it is

FURTHER ORDERED that the Clerk of this Court shall remove this case from the docket of this Court. SO ORDERED. /s/_________________________ PAUL L. FRIEDMAN United States District Judge DATE: March 30, 2009

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