GREGORY-RIVAS v. D.C., 08-7105 (D.C. Cir. 2-25-2009)
Angelo Gregory-Rivas, Appellant v. District of Columbia and MichelleRhee, Chancellor, District of Columbia Public Schools, Appellees.
No. 08-7105.United States Court of Appeals, District of Columbia Circuit.
Filed On: February 25, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Tatel, Brown, and Griffith, Circuit Judges.
Per Curiam.
ORDER
Upon consideration of the motion for summary reversal, and the combined opposition and motion for summary affirmance, it is
ORDERED that the motion for summary reversal be denied and the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc.v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Gregory-Rivas' entitlement to compensatory education was properly before the hearing officer, and the hearing officer and the district court properly determined that Gregory-Rivas failed to demonstrate he was entitled to compensatory education under the Individuals with Disabilities Education Act, 20 U.S.C. ยง 1400 et seq. See Reid ex rel.Reid v. District of Columbia, 401 F.3d 516, 518 (D.C. Cir. 2005).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.