Villard v. Capella University

Filing 23

ORDER granting 10 Motion to Dismiss for Failure to State a Claim; The Complaint (Doc. 2) is DISMISSED without prejudice. On or before May 21, 2018, Plaintiff may file an amended complaint. Adopting Report and Recommendations - re 22 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 4/30/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

STEPHEN GLENN VILLARD,
Plaintiff,
v.

Case No: 6:17-cv-1429-Orl-41GJK

CAPELLA UNIVERSITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Defendant’s Motion to Dismiss (Doc. 10). United
States Magistrate Judge Gregory J. Kelly submitted a Report and Recommendation (Doc. 22),
recommending that the Court grant the motion, dismiss the complaint without prejudice, and
permit Plaintiff to file an amended complaint.
After a de novo review, and noting that no objections were timely filed, the Court agrees
with the analysis in the Report and Recommendation. It is therefore ORDERED and
ADJUDGED as follows:
1. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Defendant’s Motion to Dismiss (Doc. 10) is GRANTED.
3. The Complaint (Doc. 2) is DISMISSED without prejudice.
4. On or before May 21, 2018, Plaintiff may file an amended complaint.

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DONE and ORDERED in Orlando, Florida on April 30, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

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