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George v. Liberty Cnty. Bd. of Educ.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
Oct 29, 2012
Case No. CV412-083 (S.D. Ga. Oct. 29, 2012)

Opinion

Case No. CV412-083

10-29-2012

GLENDA GEORGE, Plaintiff, v. LIBERTY COUNTY BOARD OF EDUCATION, Defendant.


REPORT AND RECOMMENDATION

Proceeding pro se, Glenda George brought this Title VII, employment-discrimination case against the Liberty County Board of Education. Doc. 1. Pursuant to Fed. R. Civ. P. 12(b)(6), the Board moves to dismiss because the Board lacks legal capacity to be sued -- a requirement under Fed. R. Civ. P. 17(b). Doc. 8. The motion is supported and unopposed per Local Rule 7.5 (no response means no opposition), in that plaintiff has failed to respond.

Accordingly, plaintiff's case should be DISMISSED.

SO REPORTED AND RECOMMENDED, this 29 day of October, 2012.

______________________

UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA

See Cook v. Colquitt County Bd. of Educ, 261 Ga. 841, 841 (1992) ("a county board of education, unlike the school district which it manages, is not a body corporate and does not have the capacity to sue or be sued."), cited in Vela v. Taylor County Bd. of Educ, 2012 WL 1940803 at * 1 n. 1 (M.D. Ga. May 29, 2012).


Summaries of

George v. Liberty Cnty. Bd. of Educ.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
Oct 29, 2012
Case No. CV412-083 (S.D. Ga. Oct. 29, 2012)
Case details for

George v. Liberty Cnty. Bd. of Educ.

Case Details

Full title:GLENDA GEORGE, Plaintiff, v. LIBERTY COUNTY BOARD OF EDUCATION, Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

Date published: Oct 29, 2012

Citations

Case No. CV412-083 (S.D. Ga. Oct. 29, 2012)