M.U.H., a minor, et al v. Lenoir Co. Public School Board, et al

Filing 24

ORDER denying 23 MOTION to Alter or Set Aside 21 Judgment and Motion to Amend Complaint - Signed by District Judge Louise Wood Flanagan on 09/15/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:14-CV-195-FL

ASHLEY J. HINTON; and ASHLEY J.
HINTON, on behalf of M.U.H., a minor
child,
Plaintiffs,
v.
LENOIR COUNTY PUBLIC SCHOOL
BOARD, L. STEPHEN MAZINGO, ODIE
LEAVEN, and KELLY JARMAN,
Defendants.

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ORDER

This matter comes before the court on plaintiffs’ motions to modify the final judgment of the
court and to amend plaintiffs’ complaint. The court entered a judgment of dismissal on August 31,
2015 after careful review of the magistrate judge’s memorandum and recommendation. On
September 14, 2015, plaintiffs filed these motions. For the reasons that follow, the court denies
plaintiffs’ motions.
Plaintiffs contend that on September 8, 2015, they began the state administrative process
necessary to establish federal jurisdiction, and therefore ask the court to rescind the dismissal until
the administrative process has been exhausted. (DE 23). Plaintiffs must do more than begin to avail
themselves of the administrative procedures in order to establish subject matter jurisdiction.
Plaintiffs must completely exhaust the process. E.L. ex rel. Lorsson v. Chapel Hill-Carrboro Bd.
of Educ., 773 F.3d 509, 513-14 (4th Cir. 2014) (internal citations omitted). As such, any motion to
amend the complaint now based upon incomplete exhaustion is futile. Therefore, for these reasons

and for the reasons provided in the court’s previous order of dismissal (DE 21), plaintiffs’ motions
are DENIED.
SO ORDERED, this the 15th day of September, 2015.

LOUISE W. FLANAGAN
United States District Court Judge

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