Mitchell et al v. Taylor et al
| Dwight Mitchell and Sun Valley Home for Aged |
| Wilson Taylor, Tommy P. Thompson, Jr., Mary Holder, Guardian Home Care Holding, Hartsville, City of and Trousdale Sheriff's Department, County of |
| 3:2015cv01310 |
| November 24, 2015 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Kevin H. Sharp |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
120
MEMORANDUM OPINION OF THE COURT AND ORDER: The Court rules as follows: (1) Defendant Guardian Home Care's Motion for an Award of Attorney's Fees and Sanctions (Docket No. 107 ) is hereby GRANTED IN PART and DENIED IN PART. The Motion is G RANTED insofar as it requests that Plaintiff be deemed a vexatious litigant in relation to the closure of Sun Valley Home, but DENIED insofar as it requests attorney's fees or other sanctions. (2) Plaintiff's Request for Oral Argument (Do cket No. 118 ) is hereby DENIED because the matter is resolvable on the papers. (3) Plaintiff is hereby ENJOINED from filing any new matters in this District against Guardian Home Care related to the 2007 administrative hearing and the resulting closure of Sun Valley Home for the Aged without obtaining permission from the Court. If Plaintiff attempts to file such a case, the Clerk is directed to open it as a miscellaneous case and assign it to the Chief Judge who can then determine whether the case raises claims that are harassing, vexatious, or duplicative of the prior suits against Guardian Home Care. If the claims alleged in the proposed complaint are not harassing, vexatious, or duplicative, the Chief Judge may then direct the Clerk to open the case under a new civil case number.(4) Pursuant to 28 U.S.C. § 1915(a)(3), the Court finds that an appeal from this decision would not be taken in good faith. Signed by Chief Judge Kevin H. Sharp on 1/3/2017. (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
88
REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that: 1) the motions to dismiss of Mary Holder and the City of Hartsville (Docket Entry No. 22), Tommy Thompson, Jr. (Docket Entry No. 30), Trousdale County Sheriff's Department (Dock et Entry No. 62), and Guardian Home Care Holdings, Inc. (Docket Entry No. 69) be GRANTED and that the claims against these Defendants be DISMISSED WITH PREJUDICE; 2) the motion to dismiss of Guardian Home Care Holdings, Inc. (Docket Entry No. 20) be DENIED as moot; 3) the federal claims against Wilson Taylor be DISMISSED; and 4) the Court decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367 over Plaintiff's state law claim against Wilson Taylor. Signed by Magistrate Judge Barbara D. Holmes on 6/17/2016. (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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