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Murphy v. Grochowski, 3:18-1404. (2020)

Court: District Court, M.D. Pennsylvania Number: infdco20200224548 Visitors: 4
Filed: Feb. 18, 2020
Latest Update: Feb. 18, 2020
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the report of Judge Schwab, (Doc. 60) , is ADOPTED IN ITS ENTIRETY ; (2) defendant Berdanier's motion to dismiss, or in the alternative, for summary judgment, (Doc. 27) , is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to plaintiff's demand for a specific sum of damages in his amended complaint, (Doc. 16) , and plaintif
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ORDER

In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT:

(1) the report of Judge Schwab, (Doc. 60), is ADOPTED IN ITS ENTIRETY; (2) defendant Berdanier's motion to dismiss, or in the alternative, for summary judgment, (Doc. 27), is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to plaintiff's demand for a specific sum of damages in his amended complaint, (Doc. 16), and plaintiff's demand is STRICKEN. Berdanier's motion is DENIED with respect to plaintiff's First Amendment retaliation claim against him. (3) the Clerk of Court is directed to REMAND THIS CASE to Judge Schwab for further proceedings as to the remaining claims and defendants, i.e., plaintiff's knock-and-announce claims against defendants Grochowski, Greenwald, Marrow, and John Does 1-3, and his retaliation claim against defendant Berdanier.
Source:  Leagle

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