United States District Court, D. Oregon, Medford Division
Gary Gibson, Plaintiff, Pro se, Chiloquin, OR.
For Walden University, LLC, Defendant: Andrew R. Escobar, LEAD ATTORNEY, DLA Piper, LLP, Seattle, WA.
OWEN M. PANNER, UNITED STATES DISTRICT JUDGE.
This matter comes before the Court on Defendant's Motion to Dismiss the Second Amended Complaint (#22). Defendant's Motion is GRANTED.
Defendant Walden University is a private university which operates primarily via the Internet. Plaintiff enrolled with Defendant in 2011 as a masters candidate in Mental Health Counseling. As part of his degree program, Plaintiff attended a Portland residency in late October 2013. Plaintiff alleges that he disclosed his " pedophilic sexual orientation" during a small group session and that he was subsequently dismissed from the program and the university.
Where the plaintiff " fail[s] to state a claim upon which relief can be granted," the court must dismiss the action. Fed.R.Civ.P. 12(b)(6). To survive a motion to dismiss, the complaint must allege " enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). For the purpose of the motion to dismiss, the complaint is liberally construed in favor of the plaintiff and its allegations are taken as true. Rosen v. Walters, 719 F.2d 1422, 1424 (9th Cir. 1983). However, bare assertions that amount to nothing more than a " formulaic recitation of the elements" of a claim " are conclusory and not entitled to
be assumed true." Ashcroft v. Iqbal, 556 U.S. 662, 680-81, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Rather, to state a plausible claim for relief, the complaint " must contain sufficient allegations of underlying facts" to support its legal conclusions. Starr v. Baca, 652 F.3d 1202, 1216, reh'g en banc denied, 659 F.3d 850 (9th Cir. 2011).
Plaintiff's Second Amended Complaint alleges that Defendant's Student Handbook, which sets forth Defendant's nondiscrimination policy, formed a contract between the parties. Plaintiff alleges that Defendant violated that policy by dismissing him from the mental health counseling program based on his " pedophilic sexual orientation." Plaintiff also alleges that Defendant breached a contract by failing to provide him ...