DocketNumber: 99-11263
Filed Date: 5/24/2000
Status: Non-Precedential
Modified Date: 4/18/2021
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT _________________ No. 99-11263 (Summary Calendar) _________________ KATHERINE FURLEY, also known as Katherine Hackleman, Plaintiff-Appellant-Appellee, TIM DEAN, Individually and as next friend on behalf of James Randolph Dean, Movant-Appellant, versus ALEDO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee. Appeals from the United States District Court For the Northern District of Texas USDC No. 4:99-CV-416-A May 23, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Katherine Furley appeals the district court’s dismissal of her42 U.S.C. § 1983
suit for failure to state a claim. The district court did not err in dismissing Furley’s suit. See Doe v. Santa Fe Indep. Sch. Dist.,168 F.3d 806
, 819-22 (5th Cir. 1999), cert. granted,120 S. Ct. 494
(1999). The district court also did not abuse its discretion in denying her motion to amend her complaint, as her claims were foreclosed by Doe and thus were futile. See Leffall v. Dallas Indep. Sch. Dist.,28 F.3d 521
, 524 (5th Cir. 1994). Because Furley’s suit was dismissed, the district court also did not err in denying as moot Tim Dean’s motion to intervene in the suit. See Flory v. United States,79 F.3d 24
, 26 (5th Cir. 1996). Accordingly, the judgment of the district court is AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. -2-