Newberry v. Melton et al
| Jack Newberry |
| W.B. Melton, Shannon Harvey, Debbie Deck, Ashley Deck and Rodney Phillips |
| 2:2014cv00024 |
| February 27, 2014 |
| US District Court for the Middle District of Tennessee |
| Cookeville Office |
| Overton |
| Kevin H. Sharp |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
90
REPORT AND RECOMMENDATION re 1 Complaint: As of the date of the filing of this Report and Recommendation, Plaintiff has failed to comply with the Court's previous Order. Therefore, the undersigned recommends that Defendant Overton County, Tennessee be dismissed without prejudice. Signed by Magistrate Judge Jeffery S. Frensley on 4/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
89
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having conducted a de novo review in accordance with Rule 72, the Court will accept the disposition set forth in the R & R. Accordingly, the Court rules as follows: (1) The R & R (Docket No. 83 ) is here by ACCEPTED and APPROVED; (2) Defendants' Motion for Summary Judgment 46 as to Defendants Phillips, Harvey, and Melton in their official capacities is GRANTED; (3) Defendant's Motion for Summary Judgment as to Defendants Phillips, Harvey , and Melton in their individual capacities is DENIED; and (4) Plaintiff's Fourth Amendment Claims are DISMISSED. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 4/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
88
ORDER: Having undertaken a review of this matter in accordance with Rule 72, the Court exercises its discretion to return this matter to the magistrate judge. It is unclear to the Court upon whose declarations and depositions, and upon what specif ically in those declarations and depositions, Magistrate Judge Frensley relied when determining that there exist genuine issues of material fact as to each of the Deck Defendants. Therefore, the Court requests Magistrate Judge Frensley to clarify and reissue an R & R. Accordingly, the R & R (Docket No. 82 ) is hereby DENIED to allow Magistrate Judge Frensley to issue a new one. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 3/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
83
REPORT AND RECOMMENDATION: For the foregoing reasons, the undersigned recommends that the instant Motion for Summary Judgment (Docket No. 46 ) be GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Jeffery S. Frensley on 2/8/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
82
REPORT AND RECOMMENDATION The undersigned finds that genuine issues of material fact exist as to whether Plaintiff received any medical treatment during or for some of his seizures and/or resulting injuries. The undersigned therefore recommends t hat the Deck Defendants' Motion for Summary Judgment (Docket No. 44 ) be DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 1/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
3
ORDER: The Clerk is directed to return the plaintiff's unsigned application to him. The plaintiff shall sign the application and resubmit it to the Clerks Office within fourteen (14) days of its receipt. Signed by District Judge Kevin H. Sharp on 3/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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