Stone et al v. Netzel et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 50 Motion to Dismiss filed by Jason Worden, Board of Education of Kankakee School District #111, Kyle Flanigan, Bradley Netzel and 55 Report and Recommendations entered by Judge Harold A. Baker on 8/3 /2010. The recommendation of the Magistrate Judge 55 is, therefore, accepted by the court. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986). The court agrees that Count IV should be dismissed for failure to state a claim upon which relief may be granted. The motion to dismiss 50 is granted. Count IV of the complaint is dismissed with prejudice.(MT, ilcd)

Stone et al v. Netzel et al

Doc. 56

Tuesday, 03 August, 2010 01:17:40 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS TIMOTHY STONE, as Parent and Next Friend of T.S., a Minor, RHONDA BLEDSOE, as Parent and Next Friend of M.B., a Minor, and PEARL DORSETT, as Parent and Next Friend of M.V., a Minor, Plaintiffs, v. LONNIE NETZEL, in his individual and official capacity as an employee of the CITY OF KANKAKEE, a Municipal Corporation, THE BOARD OF EDUCATION OF KANKAKEE SCHOOL DISTRICT 111, and JASON WORDEN, BRADLEY NETZEL, and KYLE FLANIGAN, in their individual and official capacity as employees of The Board of Education of Kankakee School District 111, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

E-FILED

10-2011

ORDER APPROVING MAGISTRATE RECOMMENDATION A recommendation was filed by the Magistrate Judge in the above cause on July 14, 2010. More than fourteen days have elapsed since the filing of the recommendation and no objections have been made. See 28 U.S.C. § 636(b)(1). The recommendation of the Magistrate Judge [55] is, therefore, accepted by the court. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986). The court agrees that Count IV should be dismissed for failure to state a claim upon which relief may be granted. The motion to dismiss [50] is granted. Count IV of the complaint is dismissed with prejudice. ENTERED this 3rd day of August, 2010. s/Harold A. Baker _________________________________________ HAROLD A. BAKER U.S. DISTRICT JUDGE

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