Gray v. Highland Gardens School et al (MAG+)

Filing 30

ORDER: It is ORDERED that 1. The 29 Recommendation of the Magistrate Judge is ADOPTED; 2. Defendants' 15 Motion to Dismiss is GRANTED as to the claims Ms. Gray brings on her own behalf; 3. Ms. Gray's 16 Motion to Appoint Counsel is DE NIED; and 4. Defendants' 23 Motion for Judgment on the Pleadings or, in the alternative, for Summary Judgment is DENIED as moot. It is further ORDERED that this action is held in abeyance for thirty days. Plaintiff has until 3/28/2013 to find counsel to represent her minor son, L.G., and to have counsel make an appearance in this action. To that end, Defendants' 15 Motion for a More Definite Statement is GRANTED as to L.G.'s claims. The court will revisit the deadline for fili ng an amended complaint after 3/28/2013. Plaintiff is cautioned, however, that her failure to retain an attorney by the March 28 deadline will result in dismissal of the remaining claims for lack of standing. Signed by Chief Judge William Keith Watkins on 2/28/2013. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
FELICIA GRAY, on behalf of
L.G., a minor,
Plaintiff,
v.
HIGHLAND GARDENS
SCHOOL, et al.,
Defendants.

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CASE NO. 2:12-CV-482-WKW

ORDER

On January 31, 2013, the Magistrate Judge filed a Recommendation. (Doc.
# 29.) No objections were filed. After an independent and de novo review of the
record, it is ORDERED that
1.

The Recommendation (Doc. # 29) of the Magistrate Judge is
ADOPTED;

2.

Defendants’ motion to dismiss (Doc. # 15) is GRANTED as to the
claims Ms. Gray brings on her own behalf;

3.

Ms. Gray’s motion to appoint counsel (Doc. # 16) is DENIED; and

4.

Defendants’ motion for judgment on the pleadings or, in the
alternative, for summary judgment (Doc. # 23) is DENIED as moot.

It is further ORDERED that this action is held in abeyance for thirty days.
Plaintiff has until March 28, 2013, to find counsel to represent her minor son,
L.G., and to have counsel make an appearance in this action. To that end,
Defendants’ motion for a more definite statement (Doc. # 15) is GRANTED as to
L.G.’s claims. The court will revisit the deadline for filing an amended complaint
after March 28, 2013. Plaintiff is cautioned, however, that her failure to retain an
attorney by the March 28 deadline will result in dismissal of the remaining claims
for lack of standing.
DONE this 28th day of February, 2013.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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