HARCUM v. LEBLANC

Filing 35

ORDER THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS DENIED AS TO PLFF'S EIGHTH AMENDED CLAIM OF EXCESSIVE FORCE RELATED TO DEFT'S ALLEGED KICK; AND THE MOTION IS GRANTED AS TO PLFF'S EIGHTH AMENDMENT C LAIMS OF EXCESSIVE FORCE RELATED TO DEFT'S USE OF KEYS AND DELAY OF MEDICAL CARE. THESE CLAIMS ARE THEREFORE DISMISSED WITH PREJUDICE. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 5/6/10. 5/6/10 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
F O R THE EASTERN DISTRICT OF PENNSYLVANIA

D A R R E N HARCUM CIVIL ACTION v. MARCEL LEBLANC NO. 09-2512

ORDER
AND NOW, this

071, day of May 2010, after consideration of Defendant's

motion to dismiss Plaintiff's Amended Complaint (Doc. 19), and pro se Plaintiff's response (Doc. 21), it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows: 1. T h e motion is DENIED as to Plaintiff's Eighth Amendment claim of excessive force related to Defendant's alleged kick; and 2. T h e motion is GRANTED as to Plaintiff's Eighth Amendment claims of excessive force related to Defendant's use of keys and delay of medical care. These claims are therefore DISMISSED WITH PREJUDICE.

BY THE COURT:

ETHT. HEY EL UNITED STATES MAGISTRATE JUDGE