Espey v. Spectrum Health System, Inc. et al
Demetrius Espey |
Spectrum Health System, Inc., Jim Tolley and (f/n/u) Swanson |
1:2009cv00090 |
December 15, 2009 |
US District Court for the Middle District of Tennessee |
Columbia Office |
Wayne |
John S. Bryant |
Robert Echols |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Available Case Documents
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Filing 138 ORDER: The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the plaintiff's Motion For Contempt 125 and the plainti ff's Motion For Summary Judgment 114 are DENIED, and the Motions For Summary Judgment filed by defendants Tolley, Daniel, Swanson and Westbrooks 105 , 125 are GRANTED, and all claims against these four defendants are DISMISSED. It is theref ore ORDERED that any claims asserted against defendant McGhee in the Complaint are DISMISSED WITHOUT PREJUDICE. All defendants and claims having now been dismissed, it is hereby ORDERED that the trial scheduled for July 26, 2011 is CANCELLED, and the Clerk shall CLOSE this file. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/20/11. (xc:Pro se party by regular and certified mail.)(tmw) |
Filing 134 REPORT AND RECOMMENDATION: For the reasons stated, the undersigned Magistrate Judge RECOMMENDS that Plaintiff's motion for contempt be DENIED, Defendant Tolley's motion for summary judgment be GRANTED, Plaintiff's motion for summary judgment be DENIED, and Defendants Daniel, Westbrooks, and Swanson's motion for summary judgment be GRANTED. Signed by Magistrate Judge John S. Bryant on 6/23/11. (xc:Pro se party by regular and certified mail.)(tmw) |
Filing 87 MEMORANDUM and ORDER: Based upon the foregoing, the court rules as follows: (1) The R & R 75 is hereby ACCEPTED and made the findings of fact and conclusions of law of this court, except to the extent that it recommends dismissal of Espey's de liberate indifference claim against Daniel and his retaliation claims against Tolley and Swanson; (2) Plaintiff's Objections to the R & R 80 are hereby OVERRULED, except to the extent Espey objects to the recommended dismissal of his deliberat e indifference claim against Daniel and his retaliation claim against Tolley and Swanson; and (3) The Motions to Dismiss filed by defendants 39 & 54 are hereby GRANTED IN PART and DENIED IN PART. Those Motions are GRANTED with respect to Espey 39;s conspiracy and due process claims, and his claims against defendants Spectrum, Murphy, Hodge, and Hoff. Those claims and defendants are hereby DISMISSED. Defendants' Motions to Dismiss are hereby DENIED with respect to Espey's Eighth A mendment deliberate indifference claim against Westbrooks and Daniel and with respect to his Section 1983 retaliation and Fourteenth Amendment discrimination claims against Tolley and Swanson. This case is returned to the Magistrate Judge for further handling pursuant to the original referral Order 10 . It is so Ordered. Signed by District Judge Aleta A. Trauger on 8/24/10. (xc:Pro se party by regular and certified mail.)(tmw) |
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