RIVERA v. THOMAS et al

Filing 29

ORDER THAT DEFTS' MOTION TO DISMISS (DOC. NO. 23) IS GRANTED. PLFF'S CONSTITUTIONAL CLAIMS (COUNTS I AND II) ARE DISMISSED WITH PREJUDICE. PLFF. SHALL TRANSFER HIS NEGLIGENCE CLAIMS (COUNTS III AND IV) TO THE APPROPRIATE STATE COURT. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/27/17. 3/27/17 ENTERED AND COPIES E-MAILED TO COUNSEL AND 1 COPY TO LEGAL BIN. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VICTOR MANUEL RIVERA,
Plaintiff,
v.
JOHN C. THOMAS, et al.,
Defendants.

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Civ. No. 16-1493

ORDER
AND NOW, this 27th day of March, 2017, upon consideration of Defendants’ Motion to
Dismiss (Doc. No. 23), Plaintiff’s Response (Doc. No. 26), and Defendants’ Reply (Doc. No. 27),
it is hereby ORDERED as follows:
1. Defendants’ Motion to Dismiss (Doc. No. 23) is GRANTED.
2. Plaintiff’s constitutional claims (Counts I and II) are DISMISSED with prejudice.
3. Plaintiff shall TRANSFER his negligence claims (Counts III and IV) to the appropriate
state court.
4. The Clerk of Court shall CLOSE this case.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
_______________________
Paul S. Diamond, J.