Nicholas v. Taylor Cnty Bd of Ed ( 2000 )

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2018 JEREMY NICHOLAS, by his parents, Kyle Nicholas and Ramona Nicholas; KYLE NICHOLAS, Individ- ually; RAMONA NICHOLAS, individually, Plaintiffs - Appellants, versus TAYLOR COUNTY BOARD OF EDUCATION, Defendant - Appellee, and WENDELL TEETS, Superintendent; WV DEPT OF EDUCATION; HENRY R. MAROCKIE, Doctor, Superintendent, Defendants. Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (CA-96-60-1) Submitted: March 14, 2000 Decided: April 21, 2000 Before LUTTIG and MOTZ, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation. Affirmed by unpublished per curiam opinion. Nancy A. Dalby, HAMSTEAD & ASSOCIATES, L.C., Charles Town, West Virginia, for Appellants. Harry M. Rubenstein, KAY, CASTO & CHANEY, P.L.L.C., Morgantown, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellants appeal from the district court’s orders dismissing their suit pursuant to the Individuals with Disabilities Education Act and denying their motion for attorney’s fees and costs. We have reviewed the briefs and joint appendices, the district court’s opinions, and the hearing officer’s opinion, and we find no re- versible error. Accordingly, we affirm on the reasoning of the hearing officer and the district court. See J.A. at 367-86, 1429- 38. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2