BANEGAS v. HAMPTON et al
ORDER THAT THE MOTION TO DISMISS (DOC. NO.5) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/23/09. 4/23/09 ENTERED AND COPIES E-MAILED TO COUNSEL.(jpd)
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARIO BANEGAS, Plaintiff v. JOHN HAMPTON et al., Defendants : : : : : : : CIVIL ACTION
ORDER STENGEL, J.
AND NOW, this 22d day of April, 2009, upon consideration of the Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows: 1. The motion to dismiss the claims contained in Count V against Warden D. Edward McFadden in his official capacity is GRANTED. Those claims are hereby DISMISSED; 2. The motion to dismiss the claims contained in Count V against the County of Chester, the Chester County Prison Board, and Warden D. Edward McFadden in his personal capacity is DENIED.
BY THE COURT:
/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.
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