Jackson et al v. Pine Bluff School District et al

Filing 37

ORDER approving and adopting in its entirety as this Court's findings in all respects 36 the Recommended Partial Disposition; granting 21 Defendant Jenkins Memorial Children's Center and Jenkins Industries, Inc.'s Motion for Partia l Dismissal; dismissing, without prejudice, Plaintiffs' IDEA, § 1983, ADA, Arkansas Constitution, Title IX, Fourth Amendment, and NCLBA claims, for failure to state a claim upon which relief may be granted; and allowing Plaintiffs' state law claims against Defendant Jenkins Memorial Children's Center and Jenkins Industries, Inc. to proceed. Signed by Judge James M. Moody Jr. on 5/25/2017. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JIMMY and LORETTA JACKSON,
Individually and as Parents
and Next Friends of D
V.

PLAINTIFFS

NO. 4:16CV00301-JM-JTR

PINE BLUFF SCHOOL DISTRICT, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Partial Disposition submitted by United States
Magistrate Judge J. Thomas Ray (Document No. 36). No objections have been filed. After careful
consideration, the Court concludes that the Recommended Partial Disposition should be, and hereby
is, approved and adopted in its entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

The Motion for Partial Dismissal filed by Defendant Jenkins Memorial Children’s

Center and Jenkins Industries, Inc. (Document No. 21) IS GRANTED, and Plaintiffs’ IDEA, §
1983, ADA, Arkansas Constitution, Title IX, Fourth Amendment, and NCLBA claims against it are
DISMISSED, WITHOUT PREJUDICE, for failure to state a claim upon which relief may be
granted; and
2.

Plaintiffs’ state law claims against Defendant Jenkins Memorial Children’s Center

and Jenkins Industries, Inc. are allowed to PROCEED.
DATED this 25th day of May, 2017.

_____________________________________
UNITED STATES DISTRICT JUDGE