M.B. v. McGee et al

Filing 10

MEMORANDUM OPINION. See for complete details. Signed by District Judge M. Hannah Lauck on 03/24/2017. (nbrow)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

M.B., by and through hisfather and next
friend, Michael Brown^
Plaintiff,
V.

Civil Action No. 3;16cv334

JEFFREY W. MCGEE, in his official capacity
as Director ofMaggie L, Walker Governor's
School^ et aL,
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on a Motion to Dismiss for "failure to state a claim

upon which relief can be granted" filed pursuantto Federal Rule of Civil Procedure 12(b)(6) by
Defendants Jeffrey W. McGee, Director of Maggie L. Walker Governor's School, and Philip B.
Tharp, Assistant Director of Maggie L. Walker Governor's School (the "Defendants"). (ECF

No. 4.) Plaintiff M.B., a minor,^ byand through hisfather and next friend, Michael Brown
("M.B.") responded, and the Defendants replied. (ECF Nos. 8, 9.) This matter is ripe for

disposition. The Court dispenses with oral argument because the materials before it adequately

^hi accordance withFederal Rule of Civil Procedure 5.2(a)(3), bothparties properly refer
to Plaintiff, a minor, by initials only. Fed. R. Civ. P. 5.2(a)(3) ("Unless the court orders
otherwise, in an electronic or paper filing with the court that contains ... the name of an
individual known to be a minor,... a party or nonparty making the filing may include only:...
the minor's initials ....").