S.B. v. CORNERSTONE CHARTER ACADEMY

Filing 47

ORDER signed by JUDGE LORETTA C. BIGGS on 1/11/2022 adopting the Magistrate Judge's Recommendation 43 ; that Defendant's Motion to Certify Interlocutory Appeal, (ECF No. 37 ), is DENIED. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
S.B.,
Plaintiff,
v.
CORNERSTONE CHARTER
ACADEMY,
Defendant.

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1:19CV1042

ORDER
On November 15, 2021, the United States Magistrate Judge=s Recommendation was
filed, and notice was served on the Parties pursuant to 28 U.S.C. § 636. Defendant filed
objections, (ECF No. 45), within the time limit prescribed by § 636, and Plaintiff responded,
(ECF No. 46). The Court has reviewed Defendant’s objections de novo and finds that they
do not change the substance of the United States Magistrate Judge’s Recommendation, (ECF
No. 43), which is affirmed and adopted. See also Johnson v. Charlotte-Mecklenburg Sch. Bd. of Educ.,
__ F.4th __, 2021 WL 5997242, *6 (4th Cir. Dec. 20, 2021) (“An action filed in federal district
court under the IDEA, however, is an original civil action, not an appeal from a state
administrative agency. . . District courts conduct a modified de novo review, giving due weight
to the underlying administrative proceedings, but are empowered to receive and consider
evidence outside the administrative record. . . As we explained in our decision in Kirkpatrick, a
district court does not simply affirm, reverse, or vacate the decision of the state administrative
agency. Instead, it offers its own independent de novo review and conclusion. If the district

Case 1:19-cv-01042-LCB-JEP Document 47 Filed 01/11/22 Page 1 of 2

court fashions a different remedy, that remedy is imposed by the district court itself as an
enforceable order.” (internal citations and quotations omitted)).
IT IS THEREFORE ORDERED that Defendant’s Motion to Certify Interlocutory
Appeal, (ECF No. 37), is DENIED.
This, the 11th day of January 2022.

/s/ Loretta C. Biggs
United States District Judge

Case 1:19-cv-01042-LCB-JEP Document 47 Filed 01/11/22 Page 2 of 2