RAMOS-VAZQUEZ v. WAGNER et al

Filing 41

ORDER THAT THE MOTION TO DISMISS FILED BY PRIMECARE MEDICAL, INC., DR. MARTIN AND DR. GESSNER IS DENIED; DEFENDANT BERKS COUNTY'S MOTION TO DISMISS AND MOTION TO STRIKE IS DENIED; DEFENDANT WARDEN GEORGE WAGNER'S MOTION TO DISMISS IS GRANTED; AND PLAINTIFF'S CLAIMS AGAINST WARDEN WAGNER ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/30/10. 10/1/10 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(ti, )

RAMOS-VAZQUEZ v. WAGNER et al

Doc. 41

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : JOSE M. RAMOS-VAZQUEZ, : Plaintiff, : v. : CIVIL NO. 09-00364 : PRIMECARE MEDICAL, INC., BERKS : COUNTY, ENOS MARTIN, M.D., VICTORIA : GESSNER, M.D., and GEORGE WAGNER, : Defendants. : __________________________________________: ORDER AND NOW, this 30th day of September, 2010, upon consideration of Plaintiff's Amended Complaint (Doc. No. 24), the Motion to Dismiss filed by Defendants PrimeCare Medical, Inc., Dr. Enos Martin and Dr. Victoria Gessner (Doc. No. 28), the Motion to Dismiss and Motion to Strike filed by Defendant Berks County (Doc. No. 34), the Motion to Dismiss filed by Defendant Prison Warden George Wagner (Doc. No. 30), Plaintiff's Memoranda of Law in Opposition to these motions (Doc. Nos. 36-38), and for the reasons stated in the attached Memorandum Opinion, it is hereby ORDERED that: 1. The Motion to Dismiss filed by PrimeCare Medical, Inc., Dr. Martin and Dr. Gessner is DENIED; 2. Defendant Berks County's Motion to Dismiss and Motion to Strike is DENIED; and 3. Defendant Warden George Wagner's Motion to Dismiss is GRANTED; and Plaintiff's claims against Warden Wagner are DISMISSED without prejudice.

It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J.

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