Young v. Hodge et al
| Shannon D. Young |
| Bill Smith, CMS Medical Services, Reuben Hodge, Jason Woodall, Rick Bell, Mike Crutcher, Davis, Steve Vance, Kim, Steve Cernawsky and Desiree Andrews |
| 3:2012cv00009 |
| January 4, 2012 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Cannon |
| Juliet E. Griffin |
| 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
143
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Kevin H. Sharp on 8/9/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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Filing
137
REPORT AND RECOMMENDATION: Presently pending before the Court are the motion for summary judgment filed by Defendant Steve Cernawsky (Docket Entry No. 104 ) and the motion for summary judgment filed by Defendants Thomas Vance and Ed Davis (Docket Entry No. 109 ). Also before the Court is the plaintiff's response in opposition (Docket Entry Nos. 134 and 136 ) to the motion of Defendant Cernawsky and the reply of Defendant Cernawsky. The Court respectfully RECOMMENDS that: 1) the mo tion for summary judgment filed by Defendant Steve Cernawsky (Docket Entry No. 104 ) and the motion for summary judgment filed by Defendants Thomas Vance and Ed Davis (Docket Entry No. 109 ) be GRANTED; 2) Defendant "Nurse Kim" be DISMI SSED pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; and 3) the Court decline to exercise supplemental jurisdiction over the plaintiff's state law claim for assault and this claim be DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Juliet E. Griffin on 7/22/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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Filing
117
ORDER: MOTION for Extension of Time to File Response 115 is Granted. The plaintiff shall have until 6/10/2013, to file his response to the Defendants' pending motions for summary judgment. In light of the pending motions for summary judgment, the evidentiary hearing set for 7/18/2013, is CANCELLED. Signed by Magistrate Judge Juliet E. Griffin on 3/8/13. (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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Filing
112
ORDER: Presently pending before the Court is the Motion for Summary Judgment 104 filed by Defendant Steve Cernawsky. The plaintiff shall have until 4/12/2013, to file a repsonse to the motion for summary judgment. The plaintiff is advised that f ailure to file a timely response to the motion for summary judgment could result in the dismissal of the claims brought against the defendant. Signed by Magistrate Judge Juliet E. Griffin on 3/1/13. (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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Filing
98
SCHEDULING ORDER: Motion to Amend Pleadings due by 4/5/2013. Discovery due by 5/10/2013. Dispositive Motions due by 5/28/2013. Non-Jury Evidentiary Hearing set for 7/18/2013 at 9:00 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 2/7/13. (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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Filing
95
ORDER: Report and Recommendations 75 is Accepted and Approved. Desiree Andrews's Motion to Dismiss 37 is Granted. The Motion to Dismiss on Behalf of Defendants Jason Woodall, Thomas Vance, Billy Smith, Reuben V. Hodge and Ricky Bell [61 ] is Granted in part and Denied in part. The motion is GRANTED with respect to Defendants Jason Woodall, Billy Smith, Reuben Hodge, and Ricky Bell and the claims are hereby DISMISSED WITH PREJUDICE. The motion is DENIED as to Defendant Thomas Vance . The claims against Defendants Andrews, Woodall, Smith, Hodge, Bell, Crutcher, and Correctional Medical Services are hereby DISMISSED WITH PREJUDICE. This action is hereby returned to the Magistrate Judge for further pretrial management in accord ance with Local Rule 16.01 for the remaining claims against Defendants Thomas Vance, "Captain" Davis, Nurse Kim, and Steve Cernawsky. Signed by District Judge Kevin H. Sharp on 2/5/13. (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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Filing
94
ORDER: Plaintiff's Motion In Opposition of defendant Steve Cernawsky's Answer to Complaint 93 is Denied. Signed by Magistrate Judge Juliet E. Griffin on 1/28/13. (xc:Pro se party by regular mail, (only).)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
87
ORDER: The Clerk is directed to re-issue process to Steve Cernawsky and to Captain Ed Davis at the addresses listed in the Notices (Docket Entry Nos. 76 and 78) and shall ensure that the service of process documents do not list the addresses provided for Cernawsky and Davis. Signed by Magistrate Judge Juliet E. Griffin on 11/26/12. (xc: Pro se party by regular mail only.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
75
REPORT AND RECOMMENDATION: Magistrate Judge Recommends that: the MOTION to Dismiss 37 of Desiree Andrews be GRANTED and Defendant Andrews be DISMISSED from the action; the Motion to Dismiss 61 of Defendants Jason Woodall, Billy Smith, Reuben Hodg e, Ricky Bell, and Tomas Vance be GRANTED as to Defendants Woodall, Smith, Hodge, and Bell and these Defendants be DISMISSED from the action. The Motion to Dismiss 61 be DENIED as to Defendant Thomas Vance on the plaintiff's Eighth Amendment c laim against Defendant Thomas Vance; the claims brought against Defendants Mike Crutcher and Correctional Medical Services be DISMISSED for failure to state a claim upon which relief can be granted and these Defendants be DISMISSED from the action. Signed by Magistrate Judge Juliet E. Griffin on 11/13/12. (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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Filing
70
ORDER denying 65 Motion to initiate a discovery conference, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure or, alternatively, to exempt him from Rule 26(f) of the Federal Rules of Civil Procedure and give him permission to engage in discovery. Signed by Magistrate Judge Juliet E. Griffin on 11/9/12. (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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Filing
38
ORDER: The plaintiff shall have until 5/25/2012, to file a response to thedefendant's motion to dismiss. The plaintiff is advised that failure to respond to the motion may result in the dismissal of his claims against this defendant. Signed by Magistrate Judge Juliet E. Griffin on 4/18/12. (xc:Pro se party by regular and certified mail.)(dt) Modified on 4/19/2012 (dt).
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Filing
17
DENIAL OF ENTRY OF DEFAULT: Pending is Plaintiffs Request for Entry of Default Judgment against Defendants 15 . The motion is denied as no returns of service upon the Defendants have been provided. The Clerk cannot verify that service has been perfo rmed or in what manner it was performed. Accordingly, Plaintiffs Request is denied. Plaintiff may file a renewed request for entry of default when proofs of service have been provided and when an adequate affidavit of military service has been provided. Signed by Clerk of Court, Keith Throckmorton on 2/29/12. (xc:Pro se parties by regular mail.)(dt) Modified on 2/29/2012 (dt).
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