Opinion
Civil Action 22-3097
10-18-2022
ORDER
KEARNEY, J.
AND NOW, this 18,h day of October 2022, upon considering Defendant's Motion to dismiss (ECF Doc. No. 12) the first amended Complaint (ECF Doc. No. 10), Plaintiffs Response (ECF Doc. No. 13), and for reasons in the accompanying Memorandum, it is ORDERED Defendant's Motion to dismiss (ECF Doc. No. 12) is GRANTED:
1. With prejudice as to Plaintiffs federal claims for race discrimination and retaliation as he has now twice failed to plead facts allowing him to proceed into discovery on these claims;
2. Without prejudice as to state law unexhausted claims which he may pursue in state court; and, 3. The Clerk of Court shall close this case.