SIMMERS v. ELO et al

Filing 16

ORDER THAT THE COMMONWEALTH DEFENDANTS MOTION TO DISMISS (DOC 13 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/5/2015. 6/5/2015 ENTERED AND COPIES E-MAILED.(sg, )

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

JAMES SIMMERS,
Plaintiff,

v.
NO. 14-6609

JAMES ELO; MIKE KELLY; TIMOTHY
DEERY; JOSE COLLAZO; JAMES W.
AVERY; JOSEPH RALSTON; ANDREW
KELLY; NEHEMIAHHAIGLER; JOHN
BRENNAN; AVRIL EKLUND; TIMOTHY
RILEY; and JOHN AND JANE DOES 1-25,
Defendants.
ORDER

AND NOW, this 5th day of June, 2015, upon consideration of Commonwealth
Defendants' Motion to Dismiss Plaintiffs First Amended Complaint (ECF No. 13) and the
opposition thereto (ECF No. 14), IT IS ORDERED that the Motion is GRANTED IN PART

AND DENIED IN PART as follows:
Counts II and IV are DISMISSED WITH PREJUDICE;
Count V is DISMISSED WITHOUT PREJUDICE; and
The Motion is DENIED in all other respects.

B THECOURT:

WENDY BEETLESTONE, J.