Gorney v. Arizona Board of Regents et al
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)
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