MARK v. PATTON

Filing 19

ORDER THAT DEFTS' MOTION TO DISMISS (DOC. NO. 11) IS GRANTED. IT IS FURTHER ORDERED THAT PLFF. IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN SIXTY (60) DAYS.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/9/14. 12/10/14 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARISSA MARK
v.
BRIAN J. PATTON et al.

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CIVIL ACTION

NO. 14-1623

ORDER
AND NOW, this 9th day of December, 2014, having considered Plaintiff’s Complaint
(ECF No. 6), Defendants’ Motion to Dismiss (ECF No. 11), Plaintiff’s Motion for
Reconsideration (ECF No. 12), Defendants’ Reply in Support (ECF No. 14), and Plaintiff’s
Response in Opposition (ECF No. 15), it is hereby ORDERED that Defendants’ Motion to
Dismiss (ECF No. 11) is GRANTED as follows:
1. The negligence claim against Brian J. Patton and FDC Philadelphia is dismissed with
prejudice, and the United States of America is substituted as the proper defendant for
Plaintiff’s negligence claim.
2. The negligence claim against the United States of America is dismissed without
prejudice.
3. The Bivens claim against FDC Philadelphia is dismissed with prejudice.
4. The Bivens claim against Brian J. Patton is dismissed without prejudice.
IT IS FURTHER ORDERED that Plaintiff is granted leave to file an amended
complaint within sixty days.

BY THE COURT:

/s/ L. Felipe Restrepo
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE
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