From Casetext: Smarter Legal Research

Ruvalcaba v. Angleton Indep. Sch. Dist.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Jul 9, 2019
CIVIL ACTION NO. 3:18-CV-00243 (S.D. Tex. Jul. 9, 2019)

Opinion

CIVIL ACTION NO. 3:18-CV-00243

07-09-2019

YASMIN RUVALCABA Plaintiff. v. ANGLETON INDEPENDENT SCHOOL DISTRICT, ET AL. Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

On May 20, 2019, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). See Dkt. 20. Pending before Judge Edison was Defendants' Motion to Dismiss. Dkt. 15. On June 6, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 21) recommending that Defendants' Motion to Dismiss be GRANTED.

On June 20, 2019, Plaintiff filed her Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).

The Court has carefully considered the Objections; the Response; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:

(1) Judge Edison's Memorandum and Recommendation (Dkt. 21) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and

(2) Defendants' Motion to Dismiss be GRANTED. More specifically, (1) Plaintiff Yasmin Ruvalcaba's Section 1983 Equal Protection claim against Defendant Jerry Crowell is dismissed; and (2) Plaintiff Yasmin Ruvalcaba's request that punitive damages be awarded on her Title IX claim is dismissed.

It is so ORDERED.

SIGNED at Galveston, Texas, this 9th day of July, 2019.

/s/_________

George C. Hanks Jr.

United States District Judge


Summaries of

Ruvalcaba v. Angleton Indep. Sch. Dist.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Jul 9, 2019
CIVIL ACTION NO. 3:18-CV-00243 (S.D. Tex. Jul. 9, 2019)
Case details for

Ruvalcaba v. Angleton Indep. Sch. Dist.

Case Details

Full title:YASMIN RUVALCABA Plaintiff. v. ANGLETON INDEPENDENT SCHOOL DISTRICT, ET…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Jul 9, 2019

Citations

CIVIL ACTION NO. 3:18-CV-00243 (S.D. Tex. Jul. 9, 2019)

Citing Cases

Doe v. Katy Indep. Sch. Dist.

Citing Barnes , other courts have since held that punitive damages are not available under Title IX.…