Board of Education of the County of Nicholas v. H.a., a minor; MONICA A., parent of H.A.

11-1254Court of Appeals for the Fourth Circuit9 set 2011

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1254
BOARD OF EDUCATION OF THE COUNTY OF NICHOLAS,
Plaintiff - Appellant,
v.
H.A., a minor; MONICA A., parent of H.A.,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver,
Jr., District Judge. (2:09-cv-01318)
Submitted: August 22, 2011 Decided: September 9, 2011
Before WILKINSON, AGEE, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gregory Wayne Bailey, BOWLES, RICE, MCDAVID, GRAFF & LOVE, PLLC,
Morgantown, West Virginia, for Appellant. H.A. and MONICA A.,
Appellees Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
The Board of Education of the County of Nicholas
appeals the district court’s judgment adopting the
recommendation of the magistrate judge, denying the Board’s
motion for summary judgment and dismissing the Board’s civil
action against H.A. challenging the decision of a due process
hearing officer. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Board of Educ. of the Cnty. of
Nicholas v. H.A., No. 2:09-cv-01318 (S.D. W. Va. Mar. 9, 2011).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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