McKnight v. United States Department of Education of Civil Rights Office

Filing 7

ORDER - ADOPTING AND ACCEPTING Report and Recommendation (ECF No. 3 ). Plaintiff's IFP application (ECF No. 1 ) is GRANTED. Clerk shall file the Complaint (ECF No. 1 -1). Plaintiff's request for damages against OCR under Section 504 Rehabilitation Act is STRICKEN from the Complaint. Count 1 of the Complaint is DISMISSED with leave to amend. Counts 2 and 3 are DISMISSED with leave to amend. Count 4 is DISMISSED WITH PREJUDICE as to OCR. Plaintiff is permitted to PROCEED with Count 5. Count 6 is DISMISSED WITH PREJUDICE as to OCR. Count 7 is DISMISSED WITH PREJUDICE as to OCR. Signed by Judge Robert C. Jones on 4/12/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRIA MCKNIGHT,

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CASE NO.: 3:17-CV-00015-RCJ-WGC

Plaintiff,
ORDER

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v.
UNITED STATES DEPARTMENT OF
EDUCATION OFFICE OF CIVIL RIGHTS,

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Defendant.
_______________________________________

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Before the Court is the Reports and Recommendations of U.S. Magistrate Judge (ECF No. 31)

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entered on February 13, 2017, recommending that the Court dismiss in part with leave to amend certain

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counts of the complaint. On February 24, 2017 Plaintiff filed an Amended Complaint (ECF No. 4) in

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response to the Report and Recommendations.

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The Court has conducted it’s de novo review in this case, has fully considered the objections of

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the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant

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to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s

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Reports and Recommendation (ECF No. 3) entered on February 13, 2017, should be ADOPTED AND

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ACCEPTED.

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IT IS HEREBY ORDERED that Plaintiff’s IFP application (ECF No. 1) is GRANTED. The
Clerk of the Court shall file the Complaint (ECF No. 1-1).

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IT IS FURTHER ORDERED that Plaintiff’s request for damages against OCR under Section 504
Rehabilitation Act is STRICKEN from the Complaint.

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IT IS FURTHER ORDERED that Count 1 of the Complaint is DISMISSED with leave to amend

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to assert a claim under Section 504 of the Rehabilitation Act for injunctive relief that is supported by

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factual allegations.

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IT IS FURTHER ORDERED that Counts 2 and 3 are DISMISSED with leave to amend to

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attempt to assert claims against OCR under Section 504 of the Rehabilitation Act for injunctive relief

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that are supported by factual allegations.

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///

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Refers to court’s docket number.

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IT IS FURTHER ORDERED that Count 4 is DISMISSED WITH PREJUDICE as to OCR, with

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leave to amend to assert an ADA claim against a viable public entity defendant, but any amendment in

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this regard should include factual allegations supporting the elements of a Title II ADA claim as set forth

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in the Report and Recommendations (ECF No. 3).

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IT IS FURTHER ORDERED that Plaintiff is permitted to PROCEED with Count 5.

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IT IS FURTHER ORDERED that Count 6 is DISMISSED WITH PREJUDICE as to OCR, with

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leave to amend to assert this claim against a viable defendant.
IT IS FURTHER ORDERED that Count 7 is DISMISSED WITH PREJUDICE as to OCR, with
leave to amend to assert a claim under the IDEA against a viable defendant.
IT IS SO ORDERED this 12th day of April, 2017.

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_____________________________________
ROBERT C. JONES