MOORE v. BYRNES

Filing 11

ORDER THAT THE MOTION TO SUBSTITUE THE UNITED STATES AND TO DISMISS THE COMPLAINT 3 IS GRANTED. THE UNITED STATES IS SUBSTITUTED FOR KEVIN BURNS AS THE SOLE DEFENDANT. PLAINTIFF'S MOTION TO REMAND 2 IS DENIED. THIS ACTION IS DISMISSED WITHOUT PREJUDICE PENDING PLAINTIFF'S EXHAUSTION OF ADMINISTRATIVE REMEDIES UNDER THE FEDERAL TORT CLAIMS ACT. SIGNED BY HONORABLE GERALD A. MCHUGH ON 6/21/17. 6/21/17 ENTERED AND COPIES E-MAILED.(ti, )

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

PATRICIA MOORE
v.
KEVIN M. BYRNES, ET AL.

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CIVIL ACTION NO. 17-1324

ORDER
This 21st day of June, 2017, it is hereby ORDERED that the Motion to Substitute the
United States and to Dismiss the Complaint (Doc #3) is GRANTED. The United States is
substituted for Kevin Burns as the sole defendant. Plaintiff’s Motion to Remand (Doc #2) is
DENIED. This action is DISMISSED without prejudice pending Plaintiff’s exhaustion of
administrative remedies under the Federal Tort Claims Act.

/s/ Gerald Austin McHugh
United States District Judge