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16-245 - HUDSON-HARRIS v. BOARD OF SCHOOL COMMISSIONERS


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16-245 - HUDSON-HARRIS v. BOARD OF SCHOOL COMMISSIONERS
March 28, 2016
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ENTRY Discussing Supplement and Directing Further Proceedings. The IDEA claims asserted against Principal Amanda Pickrell and Mrs. Nonte are dismissed for failure to state a claim upon which relief can be granted. The Court construes the pro se plaintiff's IDEA claim as being brought against the Board of School Commissioners of the City of Indianapolis and the clerk shall substitute that entity as the sole defendant. That is the only claim that shall proceed in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to defendant Board of School Commissioners of the City of Indianapolis in the manner specified by Rule 4(d). Copies to Parties via U.S. Mail (S.E.). Signed by Judge Tanya Walton Pratt on 3/28/2016.(MAC)
February 15, 2017
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ORDER granting 14 Motion for Judgment on the Pleadings. However, Hudson-Harris's Complaint is dismissed without prejudice. Hudson-Harris is granted leave to file an amended complaint within thirty (30) days of the date of this Entry to sufficiently allege her efforts to pursue and exhaust administrative remedies or to explain how such efforts were futile. Signed by Judge Tanya Walton Pratt on 2/15/2017 (dist made) (CBU) (Main Document 25 replaced on 2/16/2017) (TRG).
March 23, 2017
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ORDER OF DISMISSAL - The Court determines that dismissal of this action with prejudice is appropriate in light of the fact that Hudson-Harris initiated the administrative procedure on February 14, 2017, and that process is still ongoing. Hudson-Harris has not exhausted her administrative remedies, and the Court must allow the pending administrative procedure to run its course. Therefore, the prior dismissal without prejudice is converted to a dismissal with prejudice, and final judgment will issue under separate order. (See Order.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/23/2017.(JLS)