M.B. v. McGee et al, No. 3:2016cv00334 - Document 10 (E.D. Va. 2017)

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

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M.B. v. McGee et al Doc. 10 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 ...."). Dockets.Justia.com

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