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FERNANDEZ v. TAOS MUNICIPAL SCHOOLS BD. OF EDUC.

No. 05 CV 0123 PK/RHS.

403 F.Supp.2d 1040 (2005)

David A. FERNANDEZ, Plaintiff, v. TAOS MUNICIPAL SCHOOLS BOARD OF EDUCATION; Esther Winter, Director of Transportation; Dr. Marc Space, Superintendent, Defendants.

United States District Court, D. New Mexico.

September 26, 2005.

Attorney(s) appearing for the Case

David A. Fernandez, Taos, NM, Pro se.

Frank J. Albetta, Esq., Cuddy, Kennedy, Albetta & Ives, LLP, Santa Fe, NM, Ramon Vigil, Jr., Esq, Cuddy Kennedy Albetta & Ives, LLP, Albuquerque, NM, for Taos Municpal Schools Board of Education, Esther Winter, Director of Transportation, Marc Space, Dr., Superintendent, defendants.

ORDER

PAUL J. KELLY, JR., Circuit Judge, Sitting by Designation.

THIS MATTER comes on for consideration of Defendants' Motion to Dismiss for Failure to State a Claim on Which Relief Can Be Granted, filed July 21, 2005. Doc. 12. Upon consideration thereof, the motion will be granted in part and denied in part.

(1) Background. Mr. Fernandez, appearing pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, alleging that his...

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