Dasisa v. Howard University ( 2010 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MIHRETU BULTI DASISA, )
)
Plaintiff, )
)
v. ) Civil Action No. 06-2142 (RCL)
)
HOWARD UNIV. BD. OF EDUC., )
)
Defendant. )
MEMORANDUM
This matter is before the Court on the Report and Recommendation filed by Magistrate
Judge Deborah A. Robinson on March 1, 2010. The 14-day period during which the parties may
file objections to the Report and Recommendation has expired, see Local Civil Rule 72.3(b), and
neither party has filed objections.
The plaintiff, Mihretu Bulti Dasisa, submitted this pro se complaint for filing in
November 2006. Naming Howard University Board of Education as the sole defendant, the
complaint alleges that events occurring on or about 1998-99 gave rise to claims of discrimination
under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and a breach of
“educational degree contract.” Compl. at 3; see also id. at 2, 5. The defendant moved to dismiss
the complaint because any claim arising from the events alleged is barred by the applicable three-
year limitations period, see D.C. Code § 12-301(8), and because it failed to state a claim under
Title IX upon which relief could be granted, as there was no allegation of gender discrimination,
the only cognizable discrimination under Title IX. The plaintiff filed an opposition, an amended
opposition and a sur-reply, but did not present evidence to show that his claims were not time-
-2-
barred, that he was alleging discrimination within the ambit of any federal statute, or that he had
a contractual relationship with the defendant. Accordingly, Magistrate Judge Robinson
recommended granting the defendant’s motion to dismiss the complaint for failure to state a
claim upon which relief may be granted. After consideration of the Report and Recommendation
of Magistrate Judge Deborah A. Robinson, the absence of any party’s objection thereto, the entire
record before the Court and the applicable law, the Court will adopt Magistrate Judge Robinson’s
Report and Recommendation and dismiss the complaint for failure to state a claim upon which
relief may be granted.
A separate final order accompanies this memorandum.
/s/
ROYCE C. LAMBERTH
DATE: March 22, 2010 Chief Judge