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LMAR 2 2 2016
ISAIAH SMITH,
Plaintiff,
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EX.\S
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flcputy
vs.
Defendant.
NO. 4:15-CV-818-A
ORDER
Came on for consideration the "Defendant Birdville
Independent School District's 12(b) (6) Motion to Dismiss
Plaintiff's First Amended Complaint for Failure to State a Claim
Upon Which Relief Can Be Granted" filed on February 10, 2016.
After having reviewed the motion and applicable authorities, the
court finds that the arguments raised in such motion to dismiss
would be more appropriately raised in a motion for summary
judgment. Therefore,
The court ORDERS that such motion to dismiss filed by
defendant be, and is hereby, denied.
SIGNED March 22, 2016.