Nelson v. Lois DeBerry Special Needs Facility et al
| Oswald Urban Nelson |
| Lois DeBerry Special Needs Facility, Bob Erwin, f/n/u Bambee, f/n/u O'Toul, f/n/u Lanier, Metro Legal Department and F/N/U Ganaway |
| 3:2012cv00795 |
| July 25, 2012 |
| U.S. District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Todd J. Campbell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
67
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 62 ) is hereby ACCEPTED and APPROVED; and (2) Plaintiff Oswald Urban Nelson's complaint is hereby DISMISSED WITHOUT PREJUDICE. The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 6/13/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
62
REPORT AND RECOMMENDATION re 1 Complaint. For the reasons stated above, the Magistrate Judge recommends that this case be DISMISSED without prejudice for failure to obtain service of process and to comply with Court orders. Signed by Magistrate Judge Joe Brown on 3/6/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 3/7/2014 (hb).
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Filing
51
ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS. The plaintiff's objections are hereby OVERRULED, the R&R is ACCEPTED in its entirety, and the claims against Lois M. DeBerry Special Needs Facility ("DSNF"), Bob Erwin, Dr. Bambee, Dr. OToul, Mr. Lanier, Mr. Ganaway, former DSNF Warden Jewel Steele, Deputy Warden Ryan, Corporal Campbell, C.C.O. Maxell, Corporal Davis, and Corporal Shaver are DISMISSED. The plaintiff does not have the ability to appeal as of right from an order di smissing his claims in part, because this order does not constitute a disposition of the case as a whole. See Fed. R. Civ. P. 54(b). Rather, in this situation, the plaintiff may only take an interlocutory appeal with the Court's permission. T he Court construes the notice of appeal 50 as a motion for an interlocutory appeal under 28 U.S.C. § 1292(b). Because the plaintiff provides no basis for an interlocutory appeal, the motion is DENIED. The plaintiff may appeal the partial di smissal of his claims once the case has been resolved as a whole. Signed by District Judge Kevin H. Sharp on 12/3/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
33
REPORT AND RECOMMENDATION re 1 Complaint. The Magistrate Judge finds that the plaintiff states colorable claims against defendants McCoy, Perez, and Barneard in their individual capacity. A separate order will enter, directing service of proce ss upon these defendants. The Magistrate Judge further FINDS, however, that the allegations in the complaint fail to state a colorable claim against defendants McCoy, Perez, and Barneard in their official capacity, and therefore RECOMMENDS that th e official-capacity claims against those defendants be dismissed. The Magistrate Judge further FINDS that the complaint fails to state any claim against defendants DSNF, Bob Erwin, Dr. Bambee, Dr. OToul, Mr. Lanier, Mr. Ganaway, former DSNF Warden Jewel Steele, Deputy Warden Ryan, Corporal Campbell, C.C.O. Maxwell, Corporal Davis, and Corporal Shaver, and therefore RECOMMENDS that the complaint be dismissed as to these defendants. Signed by Magistrate Judge Joe Brown on 9/30/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
28
ORDER: The Order dismissing this case 9 is hereby VACATED, and this action is REINSTATED on the active docket. Pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B), this action is REFERRED to the Magistrate Judge to conduct an initial review o f the complaint. Finally, in order to avoid even the appearance of impropriety or bias, I hereby RECUSE myself from further involvement in this matter. Signed by District Judge Todd J. Campbell on 8/13/13. (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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