Alston v. The Pennsylvania State University et al

Filing 42

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that 1. MJ Carlsons R&R (Doc. No. 37) is ADOPTED; 2. Defts motion to dismiss (Doc. No. 27) is GRANTED; 3. Pltfs substantive due process, procedural due process, equal protec tion, federal statutory, and other federal claims are DISMISSED WITH PREJUDICE; 4. The remainder of Pltfs amd complaint (Doc. No. 25), is DISMISSED WITHOUT PREJUDICE to timely re-filing them in an appropriate state court; and 5. The Clerk of Court is directed to close this case. 25 37 Signed by Honorable Yvette Kane on 1/6/16. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALSON ALSTON,
Plaintiff
v.
PENNSYLVANIA STATE
UNIVERSITY, et al.,
Defendants

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No. 14-cv-02480
(Judge Kane)

ORDER
ACCORDINGLY, on this 6th day of January 2016, IT IS HEREBY ORDERED
THAT:
1.

Magistrate Judge Carlson’s Report and Recommendation (Doc. No. 37) is
ADOPTED;

2.

Defendants’ motion to dismiss (Doc. No. 27) is GRANTED;

3.

Plaintiff’s substantive due process, procedural due process, equal protection,
federal statutory, and other federal claims are DISMISSED WITH
PREJUDICE;

4.

The remainder of Plaintiff’s amended complaint (Doc. No. 25), is DISMISSED
WITHOUT PREJUDICE to timely re-filing them in an appropriate state court;
and

5.

The Clerk of Court is directed to close this case.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania