Doe v. Tuscaloosa County Board of Education et al

Filing 26

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 1/4/2013. (JLC)

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FILED 2013 Jan-04 PM 12:54 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION KARA OUSLEY, an individual, Plaintiff, v. TUSCALOOSA COUNTY BOARD OF EDUCATION, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No.: CV-12-RRA-0068-W MEMORANDUM OPINION The case comes before the court on Dr. Butch Young’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 23.) On November 20, 2012, the magistrate recommended that “the motion to dismiss be GRANTED as to all claims against Dr. Young except the Section 1983 claims against him in his individual capacity.” (Doc. 25, pp. 9-10.) No objection to that recommendation has been filed. Having carefully reviewed de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the recommendation ought to be, and is, ACCEPTED and ADOPTED as the opinion of this court. The court specifically finds that, except as to the Section 1983 claims made against Dr. Young in his individual capacity, the Second Amended Complaint fails to state a claim upon which relief may be granted. As to those claims, the motion is due to be GRANTED. Otherwise, it is due to be DENIED. An appropriate order will be entered separately. DONE this 4th day of January, 2013. VIRGINIA EMERSON HOPKINS United States District Judge 2

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