Twiggs v. University of Holy Cross

Filing 31

ORDER AND REASONS - IT IS ORDERED that 30 Motion to Dismiss for Failure to State a Claim filed by University of Holy Cross is GRANTED, and the claim is hereby dismissed with prejudice. Signed by Judge Martin L.C. Feldman on 10/7/2021. (sa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RICHARD TWIGGS CIVIL ACTION v. NO. 20-2879 UNIVERSITY OF HOLY CROSS, ET AL. SECTION "F" ORDER AND REASONS Before the Court is University of Holy Cross’ Rule 12(b)(6) motion to dismiss Plaintiff Richard Twiggs’ claim under 42 U.S.C. §1981 for failure to state a claim on which relief may be granted. Counsel for Mr. Twiggs has informed the Court that it does not oppose this motion. Accordingly, because the motion is unopposed, and further, as it appears to the Court that the motion has merit, 1 IT IS ORDERED: that the defendant’s motion to dismiss the 42 U.S.C. §1981 claim is GRANTED and the claim is hereby dismissed with prejudice. New Orleans, Louisiana, October 7, 2021. _____________________________ MARTIN L. C. FELDMAN UNITED STATES DISTRICT JUDGE This Court has already considered a motion to dismiss in this case and granted dismissal on this claim as to four individuallynamed defendants. In short, §1981 guarantees nonwhite citizens “the full and equal benefit of all laws and proceedings for security of persons and property as is enjoyed by white citizens.” As Mr. Twiggs’ complaint makes no mention of race, there is no cognizable claim under this statute. 1

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