Gorney v. Arizona Board of Regents et al

Filing 25

IT IS ORDERED the Report and Recommendation (Doc. 22 ), is adopted in part, modified in part, and rejected in part. It is further Ordered Defendant's Motion to Dismiss (Doc. 3 ) is granted in part and denied in part. It is further Ordered Defendant Arizona Board of Regents is dismissed from the federal claims, Counts Two, Three, Four, and Five of Plaintiff's Complaint, with prejudice. It is further Ordered Plaintiff's Complaint is dismissed for failure to state a claim. Plaintiff is granted leave to file a First Amended Complaint on or before October 24, 2013 consistent with the terms of this Order. If Plaintiff fails to file a First Amended Complaint on or before October 24, 2013, the Clerk of Court must, withou t further notice, enter a judgment dismissing this case with prejudice. It is further Ordered Plaintiff's Motion for Summary Judgment (Doc. 15 ) and Plaintiff's Motion for Judgment on the Pleadings (Doc. 18 ) are denied as moot. Signed by Judge Cindy K Jorgenson on 9/24/2013. (Attachments: # 1 Notice to Pro Se Non-Prisoner Parties, # 2 Non-Prisoner Pro Se Request for E-Noticing Form) (MFR)

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
OFFICE OF THE CLERK
BRIAN D. KARTH
DISTRICT COURT EXECUTIVE / CLERK OF COURT
SANDRA DAY O’CONNOR U. S. COURTHOUSE, SUITE
130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

DEBRA D. LUCAS
Visit our website at www.azd.uscourts.gov

CHIEF DEPUTY CLERK
SANDRA DAY O’CONNOR U. S. COURTHOUSE,
SUITE 130
401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118

MICHAEL S. O’BRIEN
CHIEF DEPUTY CLERK
EVO A. DECONCINI U.S. COURTHOUSE
405 W. CONGRESS, SUITE 1500
TUCSON, ARIZONA 85701-5010

NOTICE TO PRO-SE NON-PRISONER PARTIES REPRESENTING THEMSELVES

The United States District Court would like to encourage pro se parties to take advantage of
receiving immediate notice of public documents filed in their cases. Notices of electronic filing
(NEF) and attached documents for attorney, pro se and court entries would be transmitted
electronically to a non-prisoner pro se party who selects this option. Note: The pro se party
would continue to file their documents with the Clerk’s Office in paper form.
Parties who are entitled to documents as part of their legal proceedings receive one (1) free copy
by email. You may save or print this document the first time you view it.
Parties who wish to receive filed documents electronically must have the following:
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Personal computer running a standard platform such as Windows or Mac OSX
Internet access (high speed is recommended)
A Web browser (Microsoft Internet Explorer 7.0 or 6.0 or Mozilla Firefox 2 or 1.5)
Adobe Acrobat Reader is needed for viewing e-filed documents

To request notices of filing electronically, a completed Request by Non-Prisoner Pro Se Party for
Electronic Noticing form must be submitted to the Clerk’s Office.
IMPORTANT:
Messages sent to Yahoo or AOL accounts are frequently found in the spam folder until the court
is added to your address book.
You will receive one “free” look of the document. This free look must be viewed within 14 days.
You must only single-click the hyperlink, double-clicking will lose the free look. You will have to
obtain a copy through PACER and may be charged for the copy. Please visit http://www.pacer.gov
for billing details.
As with your mailing address, you must file a notice if your email address changes to ensure your
noticing is not interrupted. A docket entry detailing undeliverable emails will be entered to the case.

The staff of the Clerk’s Office ensures the effective, efficient and professional delivery of clerical and administrative services,
while fostering a customer-friendly and employee-friendly environment.