Vigil v. Regents of the University of Michigan et al

Filing 24

JUDGMENT Signed by District Judge Patrick J. Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSEPH DEAN VIGIL, Plaintiff, v. Case No. 10-14401 Honorable Patrick J. Duggan REGENTS OF THE UNIVERSITY OF MICHIGAN, EDIE GOLDENBERG, DON HERZOG, CHRISTINA WHITMAN, and ANNA KIRKLAND, Defendants. ____________________________/ JUDGMENT This lawsuit arises from Plaintiff’s November 2007 dismissal from the University of Michigan’s doctoral program after he failed to defend his dissertation within six years of becoming a candidate. In his pro se Complaint, filed November 3, 2010, Plaintiff alleges the following claims against Defendants: (1) retaliation in violation of his First Amendment rights pursuant to 42 U.S.C. § 1983; (2) violation of his substantive and procedural due process rights pursuant to 42 U.S.C. § 1983; (3) violation of his rights under the Equal Protection Clause pursuant to 42 U.S.C. § 1983; (4) retaliation in violation of his free speech rights under the Michigan Constitution; (5) violation of his due process rights under the Michigan Constitution; (6) violation of his equal protection rights under the Michigan Constitution; (7) breach of express or implied contract; (8) defamation; (9) tortious interference with contractual or advantageous business relationships; (10) intentional infliction of emotional distress; and (11) race and ethnic discrimination in violation of the Elliott-Larsen Civil Rights Act. On March 25, 2011, Defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) which this Court granted in an Opinion and Order entered on this date. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED, that Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as to Claims 1-6 and 8-11 and DISMISSED WITHOUT PREJUDICE as to Claim 7 (breach of contract). Date: July 28, 2011 Copies to: Joseph Dean Vigil 2850 South Hobart Way Denver, CO 80227 Donica Thomas Varner, Esq. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

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