TUTORA v. LEHIGH COUNTY PRISON
| TOLEKSIS B. TUTORA |
| SWEENEY and DONATE |
| 5:2014cv04458 |
| July 24, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lehigh |
| MITCHELL S. GOLDBERG |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED. PLAINTIFF'S CLAIM BASED ON HIS FALL FROM THE TOP BUNK DUE TO THE ABSENCE OF SAFETY MEASURES IS DISMISSED WITH PREJUDICE. PLAINTIFF'S MEDICAL CLAIM IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GIVEN LEAVE TO FILE A SEWCOND AMENDED COMPLAINT AS TO THAT CLAIM WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF HE FAILS TO DO SO THE CLAIM WILL BE DISMISSED WITH PREJUDICE AND THIS CASE WILL BE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/15/14. 12/15/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
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