MOFFITT v. BRITTON, No. 3:2021cv00109 - Document 39 (W.D. Pa. 2023)

Court Description: MEMORANDUM OPINION AND ORDER - For the reasons set forth in the accompanying Memorandum Opinion, it is HEREBY ORDERED that Defendant's Motion to Dismiss at ECF No. 8 is GRANTED in part and DENIED in part, as follows: (1) Defendant's Moti on is GRANTED with respect to Count Five, which is HEREBY DISMISSED WITHOUT PREJUDICE. Plaintiff has twenty-eight days from the entry of this order to file an amended complaint as to Count Five. (2) Defendant's motion is DENIED with respect to Counts One, Two, Three, and Four, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/9/2023. (dlg)