J. D. v. Kanawha County Board of Educat, No. 08-1239 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1239 J.D., by his next friends; MARK DAVIS; TAMMY DAVIS, Plaintiffs Appellants, v. KANAWHA COUNTY BOARD OF EDUCATION, Defendant Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:06-cv-00167) Submitted: December 7, 2009 Decided: December 17, 2009 Before WILKINSON, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark Davis, Tammy Davis, Appellants Pro Se. Vaughn Sizemore, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mark and Tammy Davis appeal the district court s order entering judgment Education on in their favor of Kanawha under claims the the County Board Individuals of with Disabilities Education Act, 20 U.S.C.A. §§ 1400-1482 (West 2000 & Supp. 2009); Disabilities 42 Act U.S.C. of § 1990, 1983 42 (2006); U.S.C. the Americans § 12101 (2006); with the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701-796l (2006), and the West Virginia Human Rights Act, W. Va. Code Ann. §§ 5-11-1 to 5-11-21 (LexisNexis 2006 & Supp. 2009). reviewed the record and find no reversible error. we affirm the district court s judgment. * We have Accordingly, See Davis v. Kanawha County Bd. of Educ., No. 2:06-cv-00167 (S.D. W. Va. Jan. 11, 2008). legal We dispense with oral argument because the facts and contentions before the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED * We previously affirmed the portion of the district court s judgment granting the Davis s attorney s fees. See J.D. ex rel. Davis v. Kanawha County Bd. of Educ., 571 F.3d 381 (4th Cir. 2009). 2

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