McKnight v. State of LA BESE Bd, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-31017
Summary Calendar
JEFFREY NEAL MCKNIGHT,
Plaintiff-Appellant,
versus
STATE OF LOUISIANA BESE BOARD, STATE OF LOUISIANA DEPARTMENT OF
EDUCATION, CECIL PICARD, Superintendent, THE LOUISIANA
LEGISLATURE
Defendants-Appellees.
--------------------
Appeal from the District Court
for the Middle District Of Louisiana
No. 06-320-C-M2
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appellant Jeffrey Neal McKnight is appealing a dismissal
under FED. R. CIV. P. 12(b)(6) for failure to state a cognizable
claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e, et seq.. We review dismissal under FED. R. CIV. P.
12(b)(6) de novo. Martin K. Eby Constr. Co. v. Dallas Area Rapid
Transit, 369 F.3d 464, 467 (5th Cir. 2004) (citation omitted). We
agree with the district court that the complainant fails to state

-- 1 of 2 --

a claim under Title VII, since a student is not considered an
employee of a school. See O’Connor v. Davis, 126 F.3d 112, 116
(2nd Cir. 1997). See also McGuinness v. Univ. of New Mexico Sch.
of Med., 170 F.3d 974, 979 (10th Cir. 1998). The complaint is
vague as to how his claims amount to constitutional violations or
violations of other federal laws warranting relief.
The judgment of the district court is AFFIRMED.

-- 2 of 2 --