#SOUTH CAROLINA MOTION TO DISMISS LICENSE#

However, in her complaint, Kerr made no mention of Title IX as a basis for liability or relief, or as an exception to sovereign immunity. Kerr alleged that her equal protection rights were violated on the basis of her sexual orientation. Therefore, the district court properly referred Appellees’ motion to dismiss to a magistrate judge, and the referral and review process did not prejudice Kerr in any way. In arriving at its decision, the district court properly conducted an exhaustive review of the magistrate judge’s findings.

§ 636(b) permits a district court to assign any pretrial matter to a magistrate judge. Kerr claimed on appeal that the district court erred by submitting her claim to a magistrate judge for proposed findings and recommendations, that the Marshall University Board of Governors (“MUBG”) was not entitled to sovereign immunity, and that her complaint plausibly alleged each of her seven claims. The district court granted Appellees’ motion to dismiss. The magistrate judge recommended that the district court grant Appellees’ motion to dismiss in its entirety. The district court referred the motion to a magistrate judge for the submission of proposed findings and recommendations. Appellees moved to dismiss Kerr’s action. On March 14, 2014, after unsuccessfully pursuing reconsideration through Marshall’s internal grade-appeals process, Kerr filed a complaint in the Southern District of West Virginia.

#SOUTH CAROLINA MOTION TO DISMISS LICENSE#

She was not awarded credit for the course, and she received neither her MAT nor her teaching license as a result. Kerr was unable to resolve these differences with the Marshall administration and did not return to her student-teaching post. A few weeks before the end of the semester, however, Kerr left her student-teaching post in protest over differences with her supervising teacher. In the fall of 2013, Kerr was a student in this practicum course. A student-teaching practicum is a required component of the MAT program. The Fourth Circuit affirmed the district court’s order granting Appellees’ motion to dismiss Kerr’s civil action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).Īfter practicing law for more than fifteen years, Kerr enrolled in Marshall University’s Master of Arts in Teaching (“MAT”) program to obtain a West Virginia teaching license.

South carolina motion to dismiss