Opinion
Civil Action No. 3:03-CV-1305-M.
March 24, 2005
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions and Recommendation of United States Magistrate Judge Paul D. Stickney on Defendants' Motion for Summary Judgment, brought pursuant to FED.R.CIV.P. 56(c). Defendants filed objections, and the District Court has made a de novo review of those portions of the proposed Findings, Conclusions and Recommendation to which objection was made. The objections are overruled, and the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. The Court does, however, clarify one item. Mr. Rodriguez did recommend in June 2001 that Ms. Capers be demoted to a teaching position. There is undisputed evidence, however, that on several occasions thereafter, he recommended her for a lateral transfer as assistant principal at another school. See Affidavits of Rodriguez and Watson. It is not completely clear that the first of those recommendations was in June of 2001.
Defendants' Motion for Summary Judgment is GRANTED. Plaintiff's claims against Defendants are therefore dismissed with prejudice.
SO ORDERED.