Finley v. Shelby County School et al

Filing 9

REPORT AND RECOMMENDATIONS -- Objections to R&R due by 1/16/2014. Signed by Magistrate Judge Diane K. Vescovo on 1/2/2014. (Vescovo, Diane)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

TIAJUANA FINLEY,
Plaintiff,
vs.

No. 13-2765-JDT-dkv

SHELBY COUNTY SCHOOLS,
MR. JENKINS, MR. GRANT,
and COREY DICKERSON
Defendants.

REPORT AND RECOMMENDATION FOR SUA SPONTE DISMISSAL

On October 1, 2013, the plaintiff, Tiajuana Finley, a resident
of Memphis, Tennessee, filed a pro se complaint pursuant to 42
U.S.C. § 1983, accompanied by a motion seeking leave to proceed in
forma pauperis. (D.E. 1 & 2.)

On October 2, 2013, the court

issued an order granting Finley’s motion for leave to proceed in
forma pauperis.

(D.E. 4.)

On October 7, 2013, the undersigned

magistrate judge issued a report and recommendation that Finley’s
complaint be dismissed for failure to state a claim. Finley timely
filed objections to the report and recommendation.

By order dated

November 13, 2013, U.S. District Judge James D. Todd sustained
Finley’s objections and allowed Finley thirty (30) days in which to
file an amended complaint under the Individuals with Disabilities

Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., alleging a
violation of of the IDEA and alleging that she has either exhausted
her administrative remedies or that exhaustion is futile.

(Order,

D.E. 8.) The order referred any amended complaint back to the U.S.
Magistrate Judge for screening.
Finley has failed to file an amended complaint as ordered, and
the time for doing so has expired.

Accordingly, it is recommended

that this case be dismissed sua sponte against the defendants for
failure to state a claim on which relief may be granted pursuant to
Rule 12(b)(6) and 28 U.S.C. § 1915(e)(2)(ii).
Respectfully submitted this 2nd day of January, 2014.

s/Diane K. Vescovo
DIANE K. VESCOVO
U.S. MAGISTRATE JUDGE

NOTICE
Within fourteen (14) days after being served with a copy of
this report and recommended disposition, a party may serve and file
written objections to the proposed findings and recommendations.
A party may respond to another party’s objections within fourteen
(14) days after being served with a copy. FED. R. CIV. P. 72(b)(2).
Failure to file objections within fourteen (14) days may constitute
a waiver of objections, exceptions, and further appeal.