Opinion
6:24-CV-00108-ADA-JCM
09-17-2024
Monica Johnson, Me'Kia Mouling, G.K. by next friend Monica Johnson, Clifford Jones, Brandolyn Jones, Praiyer Jones, and A.J., by next friends Clifford and Brandolyn Jones Plaintiffs, v. Darryl Henson, Marlin Independent School District, and John Simmons, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske (ECF No. 18). The report recommends Defendant's Motion to Dismiss (ECF No. 12) be GRANTED-IN-PART and DENIED-IN-PART. The report and recommendation was filed on July 1, 2024.
A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.R.Civ.P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996)).
Defendant filed objections on July 15, 2024 (ECF No. 19). The Court has conducted a de novo review of the Motion, the responses, the report and recommendation, the objection to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge's findings and recommendation should be adopted.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske., ECF No. 18, is ADOPTED.
THEREFORE, IT IS ORDERED that summary judgment for plaintiffs' state law tort claims and state law ultra vires claims be GRANTED, and those claims be DISMISSED.
IT IS THEREFORE FURTHER ORDERED that the Motion for Summary Judgment as it applies to Section 1983, Section 1985, Section 504 of the Rehabilitation Act, and punitive damages, is DENIED.