Shabazz v. Schofield et al
| Fred E. Dean |
| Derrick Schofield, Catherine Posey, Jim Thrasher, Reuben Hodge, Donna K. White, Lester Lewis, David R. Osborne, Ronald Higgs, Dale Hadden, Tony Howerton, Correctional Medical Services, Corizon, Health Administrator, Jerry Lester, Ricky Mathis, f/n/u Jenkins, Laura A. Pierceal, f/n/u Edwards, David Sexton, Todd Wiggins, Sherry Freeman, Harold Angel, f/n/u Tressler, F/N/U Davis, f/n/u Lundy, f/n/u Gregg, f/n/u Short, Wanda Chafin and f/n/u Combs |
| 3:2013cv00091 |
| February 4, 2013 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| E. Clifton Knowles |
| Kevin H. Sharp |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
671
ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge. (Doc. No. 662.) Defendants Ronald Higgs and Clement Bernard filed timely objections. (Doc. No. 670.) The Court has reviewed the Report and Recommendation, Def endants' objections, and conducted a de novo review of the record. For the reasons stated in the Magistrate Judge's previous Report and Recommendation (Doc. No. 661 at 6-8), it is a disputed fact as to whether Shabazz had chronic Hepat itis C and whether he needed to be treated with antiviral treatment. The Report and Recommendation is ADOPTED. Accordingly, the Corizon Defendants' Motion for Summary Judgment (Doc. No. 629) is GRANTED IN PART with respect to Corizon, and DENIED IN PART with respect to Higgs and Bernard. Corizon is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 8/31/16. (af)
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Filing
669
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Defendants' motion for summary judgment (Doc. No. 616 ) is GRANTED IN PART with regard to Plaintiff's claims against Wanda Chafin, Sue Clark, Georgia Crowell, Sherry Freeman, Julie Holtkamp, De rrick Shofield, Jerry Lester, David Sexton, Jim Thrasher, Dan Walker, Rita Edwards, Laura Pierceall, David Jenkins, Harold Angel, Todd Wiggins, Tony Howerton, Connie Church, Jerry Gentry, and Rebecca Gouge. Those defendants are DISMISSED WITH PREJ UDICE. Defendants motion is DENIED IN PART with regard to Plaintiffs claims against Angela Combs, James Lundy, Clifford Tressler, Charles Short, Chris Davis, Misty Gregg, Ruby Anderson, Connie Church, Jerry Gentry, and Rebecca Gouge. Further Defen dants' motion for summary judgment is DENIED IN PART regarding the statute of limitations and mootness defenses. Plaintiff's claims regarding the Eighth Amendment failure to treat his Hepatitis C, excessive force claims arising on Septem ber 26, 2012, claims of failure to intervene, and claims of retaliation shall proceed to trial. Defendant Paige Reburn is DISMISSED WITH PREJUDICE because she has deceased. Signed by District Judge Waverly D. Crenshaw, Jr on 8/25/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
661
REPORT AND RECOMMENDATION: The undersigned recommends that the State Defendants' Motion for Summary Judgment be GRANTED with regard to the following Defendants, the Court finding that there is no genuine issue as to any material fact, and that they are entitled to a judgment as a matter of law: Wanda Chafin, Sue Clark, Georgia Crowell, Sherry Freeman, Julie Holtkamp, Derrick Schofield, Jerry Lester, David Sexton, Jim Thrasher, Dan Walker, Rita Edwards, Laura Pierceall, David Jenkins, Harold Angel, Todd Wiggins, Tony Howerton, Connie Church, Jerry Gentry, and Rebecca Gouge. The instant motion should be DENIED with regard to Defendants Angela Combs, JamesLundy, Clifford Tressler, Charles Short, Chris Davis, Misty Gregg, Ruby Ander son, ConnieChurch, Jerry Gentry and Rebecca Gouge.The Motion should also be DENIED with regard to Defendants arguments regarding the statute of limitations, mootness, Eighth Amendment failure to treat Plaintiffs Hepatitis C, excessive force claims arising on September 26, 2012, claims of failure to intervene, and claims of retaliation. Finally, Defendant Paige Reburn, who is deceased, should be DISMISSED. Signed by Magistrate Judge E. Clifton Knowles on 8/8/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
656
ORDER: (1) Plaintiff's Objections (Docket Nos. 501, 502, 537, 635 & 677) are OVERRULED; (2) The Report and Recommendation (Docket No. 608) is ACCEPTED and APPROVED; and (3) Plaintiff's Motion for Preliminary Injunction (Docket No. 245) is hereby DENIED. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 2/11/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
608
REPORT AND RECOMMENDATION: Plaintiff's Motion for a Temporary Injunction (Docket No. 245) should be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 8/26/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
539
ORDER: The Court rules as follows:(1) The R & R (Docket No. 490 ) recommending denial of Plaintiff's requests for injunctive relief is hereby ACCEPTED insofar is it makes that recommendation in relation to injunctive relief for other inmates, and Plaintiff's "Motion to Amend and Supplemental Motion for Injunctive Relief" (Docket No. 281 ) that purports to raise claims on behalf of others is DENIED. The R & R is VACATED insofar as it denies injunctive relief to Plaintiff and this matter is RETURNED to Magistrate Judge Knowles for further consideration of this issue. With this ruling, Plaintiff's Objections to the R & R (Docket Nos. 499 & 500 ) are hereby DENIED AS MOOT. (2) The R & Rs recommending denial o f Plaintiff's Motions for Partial Summary Judgment as to Defendants Schofield and Lester (Docket Nos. 491 & 492 ) are hereby ACCEPTED; Plaintiff's Objections (Docket Nos. 500 & 501) are OVERRULED; and his Motions for Partial Summary J udgment (Docket Nos. 216 & 395 ) are hereby DENIED AS MOOT. (3) Plaintiff Objections (Docket No. 517) to the denial of his requests for sanctions, and his Objections (Docket No. 516) to the extension of time for filing dispositive Motions are OVERRULED. Signed by Chief Judge Kevin H. Sharp on 4/16/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
492
REPORT AND RECOMMENDATION: The instant Motion for Partial Summary Judgment (Docket No. 315) should be DENIED AS MOOT. Signed by Magistrate Judge E. Clifton Knowles on 2/27/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
404
ORDER. Signed by Chief Judge Kevin H. Sharp on 11/19/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
379
REPORT AND RECOMMENDATION: The undersigned recommends that the claims against the NECX Defendants should be transferred to the Northeastern Division of the Eastern District of Tennessee, and the claims against the MCCX Defendants should be transfe rred to the Northern Division of the Eastern District of Tennessee. Nothing herein shall be construed as stating any opinion as to whether any particular Defendant has been properly served. Signed by Magistrate Judge E. Clifton Knowles on 10/10/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
357
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Magistrate Judge Knowles has entered a Report and Recommendation (Docket No. 335), recommending that Defendants' Motion to Dismiss for Insufficient Service of Process (Docket No. 178) be denied as moo t because, after the Motion was filed, he entered an Order directing the United States Marshals Service to effectuate service. No objections have been filed. Having considered the record de novo, the Report and Recommendation (Docket No. 335 ) is hereby ACCEPTED and APPROVED and Defendants' Motion to Dismiss for Insufficient Service of Process (Docket No. 178 ) is hereby DENIED AS MOOT. In light of these rulings, Plaintiffs' Motion for Review (Docket No. 25 ) in which he compla ints "that the Magistrate Judge did not instruct the clerk to issue process or have the Marshals Service serve the defendants in this matter" is DENIED. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 9/16/2014. (xc:Pro se party by regular and certified mail.)(eh)
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Filing
335
REPORT AND RECOMMENDATION: This matter is before the Court upon a "Motion to Dismiss for Insufficient Service of Process," filed by Defendants David Sexton, Todd Wiggins, Dan Walker, Jerry Lester, and Wanda Chaffin. Docket No. 178. Defend ants have filed a supporting Memorandum of Law. Docket No. 179. Plaintiff has filed a Response to the Motion. Docket No. 198. the instant Motion to Dismiss for Insufficient Service of Process (Docket No. 178) should be DENIED AS MOOT, without prej udice to being refiled to reflect current service by the U.S. Marshal. Signed by Magistrate Judge E. Clifton Knowles on 8/21/22014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
324
ORDER granting 319 Motion to File a Response to Defendant Schofield's Response In Opposition to Motion for Partial Summary Judgment. Signed by Magistrate Judge E. Clifton Knowles on 8/20/14. (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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Filing
249
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed the matter and the recommended disposition, and having considered Plaintiff's Objection, the Reports and Recommendations (Docket Nos. 204 & 205 ) are hereby ACCEPTED and APPROVED, a nd Plaintiff's Motions for a Temporary Restraining Order or Preliminary Injunction (Docket Nos. 44 & 66 ) are hereby DENIED. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 3/31/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
205
REPORT AND RECOMMENDATION: This matter is before the Court upon the pro se prisoner Plaintiffs "Supplemental Motion for a Temporary Restraining Order and Preliminary Injunction." Docket No. 66. The matters raised in the instant Motion are essentially identical to those raised in Plaintiff's previously-filed "Motion for a Temporary Restraining Order and a Preliminary Injunction." Docket No. 44. The undersigned has recommended that the previous Motion be DENIED. Docke t No. 204. For the reasons set forth in the Court's referenced Report and Recommendation (Docket No. 204), the instant Motion should also be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 2/19/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
6
MEMORANDUM OF THE COURT. Signed by District Judge Kevin H. Sharp on 2/25/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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