District Court, D. New Mexico August 25, 1995, CIV 94-038 SC/LFG (Bivens Ex Rel. Green v. Albuquerque Public Schools)

MEMORANDUM OPINION AND ORDER

CAMPOS, Senior District Judge.

This ease is before the Court on (1) Defendants’ Motion to Dismiss, filed March 23, 1994, and (2) Plaintiffs Motion for Leave to Amend Complaint, filed July 14, 1995. The Court has considered matters outside the pleadings presented by the parties on both sides and thus has treated the motion to

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dismiss as one for summary judgment.