MARKS v. PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER

Filing 6

MEMORANDUM ORDER THAT THE PARTIAL MOTION TO DISMISS IS GRANTED. COUNTS II, III, IV AND V OF THE COMPLAINT ARE DISMISSED. PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER IS DISMISSED, AND THE CITY OF PHILADELPHIA IS SUBSTITUTED IN ITS PLACE AS THE DEFENDANT. THE CAPTION OF THIS CASE SHALL REFLECT THAT THE CITY OF PHILADELPHIA IS THE SOLE DEFENDANT IN THIS MATTER. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/15/2014. 10/15/2014 ENTERED AND COPIES E-MAILED.(amas)

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

JOHNNY EVANS MARKS, as administrator of
the estate of TROY EVANS MARKS, deceased,
Plaintiff,
v.
PHILADELPHIA INDUSTRIAL
CORRECTIONAL CENTER,
Defendant.

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CIVIL ACTION

No. 14-5168

ORDER
AND NOW, this 15th day of October, 2014, upon consideration of Defendant
Philadelphia Industrial Correctional Center’s Partial Motion to Dismiss Plaintiff’s Complaint
Pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim (Doc. No. 2),
and Plaintiff’s Response in Opposition to Defendant’s Rule 12(b)(6) Partial Motion to Dismiss
(Doc. No. 3), it is hereby ORDERED that the Partial Motion to Dismiss is GRANTED. IT IS
ORDERED that Counts II, III, IV and V of the Complaint are DISMISSED.
IT IS FURTHER ORDERED that Philadelphia Industrial Correctional Center is
DISMISSED, and the City of Philadelphia is substituted in its place as the Defendant. The
caption of this case shall reflect that the City of Philadelphia is the sole Defendant in this matter.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE