Opinion
24-cv-4253
12-18-2024
ORDER
MARY KAY COSTELLO, J.
AND NOW, this 18th day of December, 2024, upon consideration of the Motion to Substitute the United States of America and Dismiss All Claims Against the United States (ECF No. 2), Plaintiff's Opposition (ECF No. 5), and for the reasons stated in the accompanying Memorandum, it is ORDERED that the motion is GRANTED, and:
1) The United States of America is SUBSTITUTED for defendant Timothy Cliggett, and the Clerk of Court is directed to amend the caption accordingly; and
2) Plaintiff's claims against the United States of America are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction based on Plaintiff's failure to exhaust his administrative remedies.
It is FURTHER ORDERED that:
1) The remaining claims against defendants Timothy McGinn and Kevin Conway, Sr. are REMANDED to the Philadelphia Court of Common Pleas; and
2) The Clerk of Court is directed to CLOSE this case.