CARBER v. UNIVERSITY OF WISCONSIN-LA CROSSE

Filing 22

ORDER GRANTING 17 DEFENDANT UNIVERSITY OF WISCONSIN-LA CROSSE'S MOTION TO DISMISS AMENDED COMPLAINT, FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM. PLAINTIFF JEREMIAH CARBER'S AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE IN PART AND WITHOUT PREJUDICE IN PART, AS FOLLOWS: MR. CARBER'S CLAIMS FOR DUE PROCESS VIOLATIONS ARE DISMISSED WITH PREJUDICE; AND ALL OTHER CLAIMS ARE DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT PLAINTIFF JEREMIAH CARBER'S MOTION IN OPPOSITION TO DEFENDANTS SECOND ATTEMPTED: MOTION TO DISMISS WITH PREJUDICE (ECF NO. 18 ), WHICH IS ACTUALLY AN OPPOSITION TO THE DEFENDANT'S MOTION, IS DENIED AS MOOT. IT IS FURTHER ORDERED THAT IF MR. CARBER SEEKS TO FILE A SECOND AMENDED COMPLAINT, HE MAY FILE A MOTION FOR LEAVE TO DO SO ON OR BEFORE APRIL 4, 2025. FURTHER INFORMATION AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/06/2025. 3/06/2025 ENTERED AND E-MAILED.(ja)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JEREMIAH CARBER,

Plaintiff,

Case No. 2:24-cv-01898-JDW

v.
UNIVERSITY OF WISCONSIN-LA
CROSSE,

Defendant.
ORDER
AND NOW, this 6th day of March, 2025, upon consideration of University of
Wisconsin-La Crosse’s Motion To Dismiss Amended Complaint (ECF No. 17) and for the
reasons stated in the accompanying Memorandum, it is ORDERED that the Motion is
GRANTED and Mr. Carber’s Amended Complaint is DISMISSED WITH PREJUDICE in part
and WITHOUT PREJUDICE in part, as follows:
1.

Mr. Carber’s claims for due process violations are DISMISSED WITH

PREJUDICE; and
2.

All other claims are DISMISSED WITHOUT PREJUDICE.

It is FURTHER ORDERED that Plaintiff Jeremiah Carber’s Motion In Opposition To
Defendants Second Attempted: Motion To Dismiss With Prejudice (ECF No. 18), which is
actually an opposition to the Defendant’s motion, is DENIED AS MOOT.

It is FURTHER ORDERED that if Mr. Carber seeks to file a Second Amended
Complaint, he may file a motion for leave to do so on or before April 4, 2025. Any such
motion must attach the proposed Second Amended Complaint. If Mr. Carber fails to file
a proposed Second Amended Complaint, then I will assume that he intends to stand on
his Amended Complaint, and I will enter an Order dismissing his claims with prejudice and
closing the case.
BY THE COURT:

/s/ Joshua D. Wolson
JOSHUA D. WOLSON, J.