Opinion
Civil Action 22-3535
12-20-2022
JUSTIN MOHN v. THE UNITED STATES
ORDER
KEARNEY, J.
AND NOW, this 20th day of December 2022, upon considering Defendants' Motion to substitute, amend the case caption, and dismiss (ECF Doc. No. 9), Plaintiffs Response (ECF Doc. No. 10) consenting to substitution but opposing dismissal, and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 9) is GRANTED requiring:
1. We substitute the United States as the only Defendant upon Plaintiffs consent, amend the caption as above, and dismiss Secretary Cardona and the Department of Education with prejudice;
2. We DISMISS Plaintiffs claims against the United States with prejudice as amendment is futile as a matter of law after three attempts at pleading his claims against aa sovereign immune from his plead claims; and, 3. The Clerk of Court shall CLOSE this case.