Jackson v. Tuskegee University et al

Filing 16

MEMORANDUM OPINION AND ORDER granting 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Count One of the Complaint is DISMISSED with prejudice. The case will proceed on the remaining claims. Signed by Honorable Judge W. Harold Albritton, III on 3/3/2015. (kh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CYNTHIA A. JACKSON, Plaintiff, v. TUSKEGEE UNIVERSITY, an academic institution; DR. GREGORY PRITCHETT, an individual, in his official and individual capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:14-cv-1247-WHA-WC (WO) MEMORANDUM OPINION AND ORDER This cause is before the court on Defendant Tuskegee University’s (“Tuskegee”) Motion to Dismiss Count One of the Complaint (Doc. # 9), filed on February 6, 2015. Counsel for Plaintiff Cynthia A. Jackson has filed a Response (Doc. # 15) conceding that Tuskegee’s arguments are persuasive and stating that Plaintiff does not oppose dismissal of Count One of the Complaint. For these reasons, it is hereby ORDERED that the Motion to Dismiss Count One of the Complaint (Doc. # 9) is GRANTED and Count One of the Complaint is DISMISSED with prejudice. The case will proceed on the remaining claims. DONE this 3rd day of March, 2015. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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