Smeltz v. Mayorkas et al

Filing 29

ORDER (memorandum filed previously as separate docket entry), GRANTING 17 MOTION to Dismiss filed by Alejandro Mayorkas, Secretary of the Transportation Security of Administration. Plaintiff is granted leave to file a 2nd amended complaint w/i 21 days. Signed by Honorable Julia K Munley on 9/25/24. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:23cv636

TRAVIS SMELTZ,
Plaintiff

(Judge Munley)
V.

ALEJANDRO N. MAYORKAS,
SECRETARY, DEPARTMENT OF
HOMELAND SECURITY; and
SECRETARY OF THE
TRANSPORTATION SECURITY
ADMINISTRATION,
Defendants

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ORDER

in an accompanying memorandum, it is hereby ORDERED that:
1) Defendants' motion to dismiss (Doc. 17) is GRANTED;
2) Plaintiff's disparate treatment claim asserted in Count Two of the amended
complaint pursuant to Title VII of the Civil Rights Act of 1964 is DISMISSED
with prejudice;
3) Plaintiff's claims for violation of 42 U.S.C. § 1983 in Count Three of the
amended complaint are DISMISSED with prejudice;
4) Regarding the other causes of action raised in the amended complaint,
plaintiff is granted leave to file a second amended complaint within

twenty-one (21) days consistent with the court's rulings in the

memorandum; and
5) If plaintiff fails to file a second amended complaint within twenty-one (21)
days, the court will dismiss plaintiff's remaining claims in accordance with
the memorandum and direct the Clerk of Court to close this case.

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