Driver v. Sator et al
| Jerry Lynn Driver |
| Unknown Persons, Paul Alexander and Corizon Medical Services |
| 3:2013cv00364 |
| April 18, 2013 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| E. Clifton Knowles |
| Aleta A. Trauger |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
151
ORDER ADOPTING REPORT AND RECOMMENDATION: On October 31, 2014, the Magistrate Judge issued a Report and Recommendation (Docket No. 146 ), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion For Summary Judgment filed by defendant FCM-MTC Medical, LLC, d/b/a First Medical Management (Docket No. 132 ) and M otion For Summary Judgment filed by defendants Paul Alexander, M.D. and Corizon, Inc. (Docket No. 137 ) are GRANTED, and all claims against these defendants are DISMISSED WITH PREJUDICE. These being the only remaining defendants in this case, this Order constitutes the judgment in this case. The trial scheduled for December 16, 2014 is CANCELLED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 11/18/2014. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
88
ORDER: Jury Trial set for 11/4/2014 at 9:00 AM before District Judge Aleta A. Trauger. Magistrate Judge shall conduct the pretrial conference andenter a pretrial order. Signed by District Judge Aleta A. Trauger on 11/4/13. (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
83
ORDER: The R&R recommending that the plaintiff's motion to amend be denied (ECF No. 70 ) is REJECTED, and the plaintiff's motion to amend his complaint 59 is GRANTED. However, insofar as the amended complaint might be construed to stat e claims against Hospital Administrator Tim McConnell or to state a medical-malpractice claim against Dr. Alexander, such claims are DISMISSED WITH PREJUDICE. The court further finds that, although the plaintiff is subject to the three-strikes rule contained in 28 U.S.C. § 1915 (g), the plaintiff alleges imminent danger of serious physical injury and is therefore entitled to continue to proceed in forma pauperis. The recommendation (ECF No. 73 ) that the plaintiff's pauper status be revoked is therefore REJECTED. Defendants' Dr. Alexander and Corizon's motion to dismiss the complaint on the grounds that the plaintiff is not entitled to proceed in forma pauperis and their alternative motion for revocation of paupe r status (ECF No. 45 ) is therefore DENIED except insofar as the defendants seek dismissal of any potential medical-malpractice claims. Such medical-malpractice claims are DISMISSED WITH PREJUDICE. Likewise, the court REJECTS the recommendation that defendant First Medical Management's motion to dismiss (ECF No. 47 ) be granted, and DENIES FMM's motion to dismiss, except insofar as it seeks dismissal of any state-law claims for medical malpractice. Such medical-malpractice cla ims are DISMISSED. If FMM believes it is entitled to judgment in its favor on statute-of-limitation grounds, it must file a properly supported motion for summary judgment under Fed. R. Civ. P. 56. This matter remains REFERRED to Magistrate Judge Knowles. Signed by District Judge Aleta A. Trauger on 10/31/2013. (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 10/31/2013 (hb).
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Filing
70
REPORT AND RECOMMENDATION re 59 MOTION for Leave to File a Supplemental Complaint. For the foregoing reasons, the undersigned recommends that Plaintiff's Motion for Leave to File a Supplemental Complaint be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 9/10/2013. (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
68
ORDER: Before the court is the plaintiff's Objection (ECF No. 57 ) to Magistrate Judge Cliff Knowles' July 2, 2013 Report and Recommendation ("R&R") (ECF No. 40 ), in which Magistrate Judge Knowles recommends denying the plai ntiff's Motion for Temporary Injunction (ECF No. 26 ). As set forth in the accompanying memorandum opinion, the court has considered de novo the portions of the R&R to which objections are lodged and finds no error in the magistrate judge 9;s findings of fact or conclusions of law. The plaintiff's objections are therefore OVERRULED; the R&R is ACCEPTED; and the plaintiff's motion for a preliminary injunction (ECF No. 26 ) is DENIED. This matter remains REFERRED to Magistrate Judge Knowles. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/3/2013. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
61
ORDER: The plaintiff's Motion to Set Aside Order Incorrectly Entered (Docket No. 58 ) is GRANTED. By inadvertence, this court accepted the Report and Recommendation (Docket No. 40 ) prior to the extended deadline for objections (Docket No. 51 ). It is therefore ORDERED that the Order accepting the Report and Recommendation (Docket No. 55 ) is hereby VACATED. The court will consider the Objections filed by the plaintiff (Docket No. 57 ), to which it is hereby ORDERED that the defendants shall respond within fourteen (14) days of the entry of this Order. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 8/1/2013. (xc:Pro se party by regular and certified mail.) (hb)
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Filing
55
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendation. It is hereby ORDERED that the plaintiff's Motion For Temporary Injunction (Docket No. 26 ) is DENIED. Signed by District Judge Aleta A. Trauger on 7/24/2013. (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
40
REPORT AND RECOMMENDATION re 26 MOTION for Temporary Restraining Order. The Declaration of Defendant Dr. Alexander shows that Plaintiff does not have a strong likelihood of success on the merits. Additionally, the Declaration of Dr. Alexande r shows that, to a reasonable degree of medical certainty, it is unlikely that Plaintiff will suffer liver damage, cancer, or death caused by taking Tylenol #3 at the prescribed dosage. Given the foregoing, it is very clear that Plaintiff is not e ntitled to a temporary or preliminary injunction. For those reasons, the instant Motion (Docket No. 26) should be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 7/2/2013. (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
29
ORDER denying 27 Motion to Strike. Signed by Magistrate Judge E. Clifton Knowles on 6/17/13. (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
3
MEMORANDUM OPINION signed by District Judge Aleta A. Trauger on 5/1/2013. (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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