Bailey v. Dall. Cnty. Sch.

Full title: EARL BAILEY, Plaintiff, v. DALLAS COUNTY SCHOOLS, DENNIS JOHNSON, JANICE…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Jan 4, 2017

Civil Action No. 3:16-CV-1642-M (N.D. Tex. Jan. 4, 2017)

Opinion

Civil Action No. 3:16-CV-1642-M

01-04-2017

EARL BAILEY, Plaintiff, v. DALLAS COUNTY SCHOOLS, DENNIS JOHNSON, JANICE SMITH, AARON HOBBS, and ROOSEVELT ARMSTRONG, Defendants.

BARBARA M. G. LYNN CHIEF JUDGE

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.

Defendants' Motion to Dismiss Pursuant to Rule 12(b)(1) or 12(b)(6), filed July 1, 2016 (doc. 23), is GRANTED. By separate judgment, the plaintiff's claims against Dallas County Schools will be DISMISSED without prejudice for failure to exhaust administrative remedies, and the plaintiff's claims against Dennis Johnson, Janice Smith, Aaron Hobbs, and Roosevelt Armstrong will be DISMISSED with prejudice for failure to state a claim.

SIGNED this 4^th day of January, 2017.

/s/ _________

BARBARA M. G. LYNN

CHIEF JUDGE