BARNES v. WARTZ et al
| TONY S. BARNES |
| PAM WARTZ, PRIME CARE MEDICAL, INC., MARC MASSUCI and TERRENCE E. TOMASSETI |
| 3:2015cv00134 |
| May 7, 2015 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| XX US, Outside State |
| Kim R. Gibson |
| Maureen P. Kelly |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
85
ORDER granting in part and denying in part 67 Motion to Dismiss for Failure to State a Claim; 84 Report and Recommendation is adopted as the opinion of this Court. It is further Ordered that, pursuant to Rule 4(a)(1) of the Federal Rules of Appe llate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed.R.App.P. 3, must be filed with the Clerk of Court within thirty (30) days, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 11/28/2016. (dlg)
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Filing
82
ORDER - IT IS HEREBY ORDERED that the Motion to Dismiss, ECF No. 45 , is granted. However, IT IS FURTHER ORDERED the dismissal is without prejudice as to Counts II, IV, VI and VII. IT IS FURTHER ORDERED that that Plaintiff is permitted to file, with in twenty (20) days of the date of this Order, an Amended Complaint on these counts to specifically address the deficiencies identified herein. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, within thirty (30) days. Signed by Judge Kim R. Gibson on 9/26/2016. (dlg)
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