Van Alstyne Independent School District v. S. et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 37 Report and Recommendations, 21 Motion to Dismiss, filed by Chase S., Shannon S., Andre S. It is ORDERED that defendants' 21 Motion to Dismiss On Grounds of Mootness is GRANTED. It is ORDERED that the decision of the hearing officer is VACATED and this case is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 2/23/2010. (baf, )

United States District Court
E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION

VAN ALSTYNE INDEPENDENT SCHOOL DISTRICT v. ANDRE S. and SHANNON S., as next friends for CHASE S.

§ § § § § § §

Case No. 4:09-CV-89 Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636. On February 1, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants' Motion to Dismiss on Grounds of Mootness (Dkt. #21) be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court. . It is, therefore, ORDERED that Defendants' Motion to Dismiss on Grounds of Mootness (Dkt. # 21) is GRANTED. It is further ORDERED that the decision of the hearing officer is VACATED and this case is DISMISSED with prejudice. IT IS SO ORDERED.
SIGNED this 23rd day of February, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE