HARCUM v. LEBLANC

Filing 6

ORDER THAT: PLFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLFF'S COMPLAINT IS DISMISSED TO THE EXTENT THAT PLFF INVOKES THE FOURTEENTH AMENDMENT AS A SEPERATE AND INDEPENDENT BASIS FOR RELIEF. PLFF'S DELAY OF MDEICAL CARE CLAI M IS DISMISSED. PLFF'S EIGHTH AMENDMENT CLAIM BASED ON DEFT'S USE OF PRISON KEYS IS DISMISSED. PLFF'S EIGHTH AMENDMENT CLAIM BASED ON DEFT'S KICKING HIM MAY PROCEED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 9/2/09. 9/2/09 ENTERED AND COPIES MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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DARREN HARCUM, Plaintiff, v. MARCEL LEBLANC, Defendant.

CIVIL ACTION NO. 09-02512

Order
AND NOW on this 2d day of September 2009, upon consideration of plaintiff's motion to proceed in forma pauperis (Doc. No. 1) and plaintiff's complaint, IT IS HEREBY ORDERED that: 1. 2. Plaintiff's motion to proceed in forma pauperis is GRANTED. Plaintiff's complaint is DISMISSED to the extent that plaintiff invokes the Fourteenth Amendment as a separate and independent basis for relief. Plaintiff's delay of medical care claim is DISMISSED. Plaintiff's Eighth Amendment claim based on defendant's use of prison keys is DISMISSED. Plaintiff's Eight Amendment claim based on defendant's kicking him may proceed.

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s/ William H. Yohn Jr., Judge William H. Yohn Jr., Judge