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PETRICHKO v. KURTZ

No. Civ.A. 98-2790.

52 F.Supp.2d 503 (1999)

Daniel Scott PETRICHKO, Plaintiff, v. David KURTZ, Warden, Gene Berdinere, Deputy Warden, Nicholas Martyak, M.D., and Scott Rizzardi, Correctional Officer, Defendants.

United States District Court, E.D. Pennsylvania.

June 23, 1999.

Attorney(s) appearing for the Case

Daniel Scott Petrichko, Albion, PA, pro se.

Frank Robert Cori, Assistant County Solicitor, Pottsville, PA, for defendants.

MEMORANDUM

LOWELL A. REED, Jr., Senior District Judge.

Presently before the Court is the motion of defendants David Kurtz, Warden ("Kurtz"), Gene Berdinere, Deputy Warden ("Berdinere"), and Scott Rizzardi, Correctional Officer ("Rizzardi") (collectively "the institutional defendants") to dismiss the second amended complaint (Document No. 21) pursuant to Federal Rule of Civil Procedure 12(b)(6) and the answer of pro se plaintiff Daniel Scott...

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