Doe v. Humble Indep. Sch. Dist.

Full title: JANE DOE, Plaintiff, v. HUMBLE INDEPENDENT SCHOOL DISTRICT, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Oct 5, 2018

CIVIL ACTION NO. 4:18-CV-79 (S.D. Tex. Oct. 5, 2018)

Opinion

CIVIL ACTION NO. 4:18-CV-79

10-05-2018

JANE DOE, Plaintiff, v. HUMBLE INDEPENDENT SCHOOL DISTRICT, Defendant.

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MEMORANDUM AND ORDER

Pending before the Court in the above referenced proceeding is Defendant's Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (Doc. 14) and Judge Stacy's Memorandum and Recommendation that the Court grant the Defendant's Motion to Dismiss (Doc. 19). Plaintiff has not filed objections to the Memorandum and Recommendation and the time within which to object has passed.

The Court agrees with the Magistrate Judge's conclusion that Plaintiff has not exhausted the administrative remedies required for her Child Find violation claim and her Section 504 Rehabilitation Act claim, and has not stated a plausible Child Find violation claim, Section 504 Rehabilitation Act claim, or § 1983 claim. Accordingly, it is hereby

ORDERED that the Memorandum and Recommendation (Doc. 19) is ADOPTED. Defendant Humble Independent School Districts Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (Doc. 14) is GRANTED.

Plaintiff's case is DISMISSED WITH PREJUDICE.

Entry of this Order shall constitute entry of final judgment.

SIGNED at Houston, Texas, this 5^th day of October, 2018.

/s/_________

ANDREW S. HANEN

UNITED STATES DISTRICT JUDGE