Stewart v. Poway Unified School District Board of Education Trustees
Opinion of the Court
MEMORANDUM
In these consolidated appeals Lindsey Stewart, the parent of a special education student, appeals pro se the district court’s dismissal, for failure to state a claim, of her action against Poway Unified School District (PUSD) and school district employees. Stewart also appeals the district court’s denial of her motion for reconsideration of its dismissal with prejudice of her action against certain defendants for failure to effectuate proper service of the summons and complaint. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
After four attempts, Stewart’s Third Amended Complaint (TAC) still
The district court did not abuse its discretion in denying Stewart’s motion for reconsideration of its dismissal of her action against the 16 new defendants. The motion was not based on newly discovered evidence, did not identify clear error in the initial decision, and was not based on an intervening change in controlling law. See School Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Moreover, faxing the 16 summonses and a copy of the TAC to the PUSD Superintendent’s office does not meet the requirements for service found in Fed. R.Civ.P. 4.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Lindsey E. STEWART, Parent of the minor, Jason Stewart, on her own behalf and on behalf of her son Jason Stewart v. POWAY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION TRUSTEES William Chiment, Trustee of PUSD Board of Education, in his professional and individual capacity Joann Murphy, Trustee of PUSD Board of Education, in her professional and individual capacity Emily Shieh, Trustee of PUSD Board of Education, in her professional and individual capacity Theresa Kurtz, Trustee of PUSD Board of Education, in her professional and individual capacity John Collins, Trustee of PUSD Board of Education, in his professional and individual capacity Donald Phillips, Superintendent of PUSD Board of Education, in his professional and individual capacity Justin Shinnefield, Defendants—Appellees Lindsey E. Stewart, Parent of the minor, Jason Stewart, on her own behalf and on behalf of her son Jason Stewart, Plaintiff—Appellant v. Poway Unified School District Board of Education Trustees William Chiment, Trustee of PUSD Board of Education, in his professional and individual capacity Joann Murphy, Trustee of PUSD Board of Education, in her professional and individual capacity Emily Shieh, Trustee of PUSD Board of Education, in her professional and individual capacity Theresa Kurtz, Trustee of PUSD Board of Education, in her professional and individual capacity John Collins, Trustee of PUSD Board of Education, in his professional and individual capacity Donald Phillips, Superintendent of PUSD Board of Education, in his professional and individual capacity Justin Shinnefield, Defendants—Appellees
- Status
- Published