SMITH v. DONAHOE

Filing 24

ORDERED THAT PLAINTIFF'S REQUEST TO WITHDRAW COUNT I OF THE AMENDED COMPLAINT IS GRANTED, AND THE MOTION TO DISMISS 14 , PROPERLY CONSIDERED AS ONE FILED PURSUANT TO F.R.C.P. 12(b)(6) IS DENIED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/15/2013. 1/16/2013 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ESTES SMITH
v.
PATRICK R. DONAHOE,
Postmaster General

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CIVIL ACTION

NO. 12-2639

ORDER
AND NOW, this 15th

day of January, 2013, upon consideration of

Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint, the response, reply, and
sur-reply, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY
ORDERED that Plaintiff’s request to WITHDRAW Count I of the Amended Complaint
is GRANTED, and the Motion to Dismiss (Doc. 14), properly considered as one filed
pursuant to Federal Rule of Civil Procedure 12(b)(6), is DENIED.

BY THE COURT:
/s/ELIZABETH T. HEY
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ELIZABETH T. HEY
UNITED STATES MAGISTRATE JUDGE

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