Murphy v. Sanders et al
| Lester G. Murphy, Sr. |
| Anthony Sanders, Mike Leavitt and Viola P. Miller |
| 3:2008cv01122 |
| November 21, 2008 |
| US District Court for the Middle District of Tennessee |
| Civil Rights: Other Office |
| Humphreys |
| Robert Echols |
| E. Clifton Knowles |
| Defendant |
| Federal Question |
| 42:1983 Civil Rights Act |
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The following documents for this case are available for you to view or download:
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Filing
69
ORDER: The Court rules as follows: (1) the 65 R&R entered on September 21, 2009, is hereby ACCEPTED; (2) Plaintiff's claim against Defendant Mike Leavitt, U.S. Department of Health & Human Services, is hereby DISMISSED for failure to effectuat e proper service of process and for failure to state a claim; (3) all other pending motions are hereby DENIED AS MOOT; (4) this case is hereby DISMISSED WITH PREJUDICE; and 5) entry of this Order on the docket shall constitute entry of final judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Signed by Senior Judge Robert Echols on 10/22/09. (xc: Pltf by reg. and cert. mail) (ab)
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Filing
65
REPORT AND RECOMMENDATION that Pltf's claims against Deft Mike Leavitt, U.S. Dept. of Health & Human Services be DISMISSED for failure to state a claim upon which relief can be granted. Any party has 10 days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Signed by Magistrate Judge E. Clifton Knowles on 09/21/09. (xc: Pltf by reg. and cert. mail)(ab)
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Filing
63
ORDER: The Court rules as follows: (1) Pltf's 60 Motion Response to Report and Reccomendation is OVERRULED: (2) the 59 R&R entered on August 5, 2009, is hereby ACCEPTED; (3) the 9 Motion to Dismiss filed by Defendant Viola P. Miller, Commi ssioner for the Tennessee Department of Children's Services is hereby GRANTED and Commissioner Miller is hereby DISMISSED WITH PREJUDICE for Plaintiff's failure to state a claim against her; (4) based on Plaintiff's assertion that he m eant to sue the Tennessee Department of Children's Services, Plaintiff's federal claims against the Department are hereby DISMISSED WITH PREJUDICE for Plaintiff's failure to state a claim against the Department; (5) the Court declines to exercise supplemental jurisdiction over any state law claim; (6) the case is hereby returned to the Magistrate Judge to rule on any remaining motions and to resolve the status of named Defendant Mike Leavitt, U.S. Department of Health & Human Services. Signed by Senior Judge Robert Echols on 09/18/09. (xc: Pltf by reg. and cert. mail)(ab)
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Filing
59
REPORT AND RECOMMENDATION that 9 First MOTION to Dismiss for Lack of Jurisdiction filed by Viola P. Miller be GRANTED. Any party has 10 days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Signed by Magistrate Judge E. Clifton Knowles on 08/05/09. (xc: Pltf by reg. and cert. mail)(ab)
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Filing
32
REPORT AND RECOMMENDATION that 18 MOTION for Summary Judgment be DENIED. Any party has 10 days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Signed by Magistrate Judge E. Clifton Knowles on 02/27/09. (xc: Pltf by reg. and cert. mail)(ab)
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