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YAZZIE v. MOYA

No. 1:10-cv-00962-PJK-WDS.

GENEVA YAZZIE, Plaintiff, v. DEBRA MOYA, Principal of the Tobe Turpen Elementary School, in her individual and official capacities; RAYMOND R. ARSENAULT, Superintendent of GALLUP-McKINLEY COUNTY SCHOOLS, in his individual and official capacities; THE GALLUP-McKINLEY COUNTY SCHOOL DISTRICT; BRUCE TEMPEST (President of the Board JOSEPH C. MENINI (Vice-President of the Board), CHEE SMITH JR. (Secretary of the Board DESCHENY, and GENEVIEVE JACKSON, in their individual and official capacities, members of THE GALLUP-McKINLEY COUNTY SCHOOL BOARD, Defendants.

United States District Court, D. New Mexico.

March 11, 2011.

Attorney(s) appearing for the Case

A. Jonas Rane , Brusuelas & Rane, LLC, Albuquerque, New Mexico, for Plaintiff.

Kevin M. Brown and Christopher W. Westenberger , Brown Law Firm, Albuquerque, New Mexico, for Defendants.

MEMORANDUM OPINION AND ORDER

PAUL KELLY, Circuit Judge.

THIS MATTER comes on for consideration of Defendants' Motion to Dismiss filed December 21, 2010 (Doc. 11) and Plaintiff's Motion for Leave to Amend Complaint filed February 11, 2011 (Doc. 31). Upon consideration thereof, the court finds that the motion to dismiss is well taken and should be granted, but the motion for leave to amend is not is well taken and should be denied.

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