MILLER v. WENEROWICZ

Filing 37

ORDER THAT DEFT'S MOTION TO DISMISS IS DENIED IN PART AND GRANTED IN PART, ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/5/14. 2/6/14 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION
KENNETH MALIK MILLER
NO. 12-CV-1720
v.
MICHAEL M. WENEROWICZ

ORDER RE DEFENDANT’S MOTION TO DISMISS FOR
FAILURE TO STATE A CLAIM
AND NOW, this _5th__ day of February 2014, upon consideration of Defendant’s
Motion to Dismiss (ECF 28), Plaintiffs’ Response in Opposition to the Motion (ECF 32), and
after a hearing on the motion (ECF No. 34), it is hereby ORDERED that Defendant’s Motion to
Dismiss is DENIED in part and GRANTED in part. Defendant’s Motion to Dismiss Count I
of the Complaint is DENIED. Defendant’s Motion to Dismiss Counts II and III of the
Complaint is GRANTED.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\CIVIL 12\12-1720 miller v. wenrowicz\12cv1720.Order.MTD.docx