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Niblack v. Albino

September 28, 2010

STANLEY L. NIBLACK, PLAINTIFF,
v.
CHARLES ALBINO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Robert B. Kugler United States District Judge

ORDER

For the reasons expressed in the Court's Opinion filed herewith,

It is on this 28th day of September, 2010,

ORDERED that the motion on behalf of defendants, Charles Albino, Officer Labonne and Officer Ott, to partially dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6), (Docket Entry No. 16), is hereby GRANTED; and it is further

ORDERED that plaintiff's claims against defendants' Albino, Labonne and Ott, in their official capacities, are hereby DISMISSED WITH PREJUDICE, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(iii) and 1915A(b)(2).

20100928

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