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15-1085 - Ortiz v. Holmes, Jr. et al.


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15-1085 - Ortiz v. Holmes, Jr. et al.
January 18, 2016
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Memorandum Opinion and Order: Moving defendants' motion for partial judgment on the pleadings (Doc. No. 10) is converted to a Rule 12(b)(6) motion for partial dismissal and is granted. The claims against defendants DiBenardi and Holmes in their official capacities are dismissed. Additionally, all claims against Mahoning County are dismissed. Plaintiff shall have leave until February 2, 2016 to either move for default judgment against Holmes in his individual capacity or voluntarily dismiss him from the lawsuit. In the event that plaintiff fails to move for default judgment, Holmes shall be dismissed from this action without prejudice. Judge Sara Lioi on 1/18/2016. (P,J)