Yan v. Pennsylvania State University et al

Filing 76

ORDER: ADOPTING Report and Recommendations of Magistrate Judge Schwab 73 ; GRANTING Defendants' motion to dismiss for failure to state a claim 44 ; DISMISSING with prejudice Plaintiff's amended complaint 41 ; DENYING Plaintiff's motion for sanctions 74 as moot; DIRECTING the clerk to close the case file. Signed by Honorable Matthew W. Brann on 9/1/2015. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YAN YAN,
Plaintiff
v.
PENNSYLVANIA STATE
UNIVERSITY,
PENNSYLVANIA STATE
UNIVERSITY BRANDYWINE
CAMPUS,
Defendants

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Case No. 4:14-CV-01590
(Judge Brann)

(Magistrate Judge Schwab)

ORDER
September 1, 2015
BACKGROUND:
On November 2, 2014, pro se Plaintiff Yan Yan filed an amended complaint
against Defendant Pennsylvania State University and Pennsylvania State
University Brandywine Campus claiming, inter alia, that Penn State refused to hire
her for jobs that require a Ph.D. ECF No. 41. Plaintiff’s prior two cases (4:10-cv212 and 4:14-cv-1373) against Defendants related, in part, to her failure to obtain a
Ph.D. from Penn State.
Pending before the Court is Defendants’ motion to dismiss for failure to
state a claim, filed November 14, 2014. ECF No. 44. The case was jointly assigned

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to Magistrate Judge Susan E. Schwab, who issued a report and recommendation on
August 11, 2015, recommending that Defendants’ motion to dismiss be granted
and that all of Plaintiff’s claims in her amended complaint be dismissed. No
objections have been filed to the report and recommendation.
Magistrate Judge Schwab exhaustively reviewed every conceivable facet of
the Plaintiff’s claims. Because this Court agrees with her analysis, the undersigned
will not rehash her sound reasoning, but will instead adopt the report and
recommendation in its entirety. ECF No. 73.
IT IS HEREBY ORDERED THAT:
1. The report and recommendation of Magistrate Judge Schwab is ADOPTED
in full. ECF No. 73.
2. Defendants’ motion to dismiss for failure to state a claim is GRANTED.
ECF No. 44.
3. Plaintiff’s amended complaint is DISMISSED with prejudice. ECF No. 41.
4. Plaintiff’s motion for sanctions is DENIED as moot. ECF No. 74.
5. The clerk is directed to close the case file.
BY THE COURT:

/s Matthew W. Brann
Matthew W. Brann
United States District Judge

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