Gant v. Citizens Bank and Trust
| Johnny Gant |
| Citizens Bank and Trust and Jane Doe |
| 3:2009cv01055 |
| November 3, 2009 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Robert Echols |
| Juliet E. Griffin |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
14
ORDER: Report and Recommendations 6 is Accepted and Approved. Plaintiff's Complaint is Dismissed in accordance with 28 U.S.C. § 1915(e)(2)(b) because it fails to state a claim on which relief may be granted. Plaintiff's Motion for an Emergency Injunction 3 is Denied as Moot. Plaintiff's Motion for Leave to Amend Complaint 10 is Denied. Entry of this Order on the docket shall constitute entry of a final judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Signed by Senior Judge Robert Echols on 1/26/10. (dt)
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Filing
8
ORDER: In accord with the recent amendment to Rule 72(b)(2) to the Federal Rules of Civil Procedure and pursuant to Local Rule 72.02(b)(1), both effective 12/1/2009, the first sentence of the last paragraph of the Report and Recommendation entered 12 /1/2009 6 is hereby AMENDED to read: ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of service of this Report and Recommendation upon the party and must state with particularity the specific portions of this Report and Recommendation to which objection is made. In all other respects, the 12/1/2009, Report and Recommendation is unchanged. Signed by Magistrate Judge Juliet E. Griffin on 12/2/09. (dt)
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Filing
6
REPORT AND RECOMMENDATION: Magistrate Judge Griffin Recommends that this action be Dismissed pursuant to 28 U.S.C. § 1915(e) for lack of an arguable legal basis. Plaintiff's request for an emergency injunction 3 , should likewise be DENIED as frivolous. The Court RECOMMENDS that any appeal taken of this Report and Recommendation, if adopted by the Court, would not be in good faith under 28 U.S.C. § 1915(a)(3). Signed by Magistrate Judge Juliet E. Griffin on 12/1/09. (dt)
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