T.P.R. v. Montgomery Public Schools et al(MAG+)

Filing 45

ORDER; 1. The objections 44 are OVERRULED; 2. The Recommendation 43 is ADOPTED; This action is DISMISSED without prejudice pursuant to 28 U.S.C.§ 1915(e)(2)(B)(ii). An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 6/17/2010. (jg, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T .P .R ., by and though his parent, D O N N A PATTERSON-RUDOLPH, P la in tif f , v. MONTGOMERY PUBLIC SCHOOLS, e t al., D e f e n d a n ts. ) ) ) ) ) ) ) ) ) ) ) C A S E NO. 2:08cv813-WKW ORDER O n May 26, 2010, the Magistrate Judge filed a Recommendation in this case. (Doc. # 43.) On June 9, 2010, Plaintiff T.P.R., "by and through his parent Donna PattersonR a n d o lp h ," filed objections on June 9, 2010. (Doc. # 44.) Upon an independent and de novo re v ie w of those portions of the Recommendation to which objection is made, 28 U.S.C. 636(b)(1)(C), the objection lacks merit for the reasons set forth in the Magistrate Judge's R e c o m m e n d a tio n .1 Accordingly, it is ORDERED as follows: 1. 2. T h e objections (Doc. # 44) are OVERRULED. T h e Recommendation (Doc. # 43) is ADOPTED. The objections mirror the arguments made by Plaintiff in response to the Magistrate Judge's show cause Order entered on April 28, 2010 (Doc. # 41). The argument that the statute of limitations would have expired if Ms. Patterson-Randolph had not filed this action on behalf of her minor son is incorrect. (Doc. # 44, at 2.) As previously noted by the Magistrate Judge, "under Alabama law, the statute of limitations is tolled until a minor reaches the age of majority, 19." (Doc. # 40, at 1.) 1 3. T h is action is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). A n appropriate judgment will be entered. D O N E this 17th day of June, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE 2

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