Turner v. Parker et al
Randall Turner |
Tony Parker, Jason Woodall, Jonathan Lebo, Johnny Fitz, Wanda Markland, Charles Sweat, f/n/u Taylor, Kevin Johnson and Arthur Bellott |
3:2018cv00003 |
January 2, 2018 |
US District Court for the Middle District of Tennessee |
Nashville Office |
Davidson |
Aleta A. Trauger |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 193 ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the accompanying Memorandum, the plaintiff's Objection (Doc. No. 181) and Supplement Objection (Doc. No. 183) to the Magistrate Judge's Report and Recommendation (R& R) (Doc. No. 175) are OVERRULED, and the R&R is ACCEPTED in its entirety. Accordingly, defendant Kavin Johnsons Motion for Summary Judgment (Doc. No. 145) is GRANTED, and the claims against Johnson are DISMISSED WITH PREJUDICE. The plaintiff' s Motion for Partial Summary Judgment (Doc. No. 116) and Supplement Motion for Partial Summary Judgment (Doc. No. 149) are DENIED. The defendant's Motion to Strike (Doc. No. 170) and all other pending motions in this action, including the pla intiffs renewed Motion for Preliminary Injunction (Doc. No. 184) and Motion seeking injunctive relief (Doc. No. 191), are DENIED AS MOOT. The court notes that the claims against defendant Jeremy Cotham, who has never been served, have never formal ly been dismissed. The plaintiff was placed on notice by this courts October 9, 2019 Order dismissing with prejudice the claims against four other defendants that, although the defendants had provided an address for Cotham, process had never been issued for him and he had never been served. (See Doc. No. 112, at 2 n.2) The claims against Cotham have now been pending for more than two years, since the filing of the first Amended Complaint on October 9, 2018 (Doc. No. 58), and the plaintif f has been in possession of his address since November 2018 (see Doc. No. 65), but the plaintiff has never attempted to serve Cotham with process or in any way prosecuted the claims against him. In light of this excessive delay, all claims against Cotham are now DISMISSED WITH PREJUDICE, for failure to prosecute. All other claims against all defendants having previously been dismissed, this case is DISMISSED in its entirety. It is so ORDERED. The Clerk shall enter judgment in accordance with Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 11/18/2020. (xc:Pro se party by regular mail. ) (am) |
Filing 176 ORDER: On July 2, 2020, the magistrate judge issued a Report and Recommendation (Docket No. 175), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of la w of this court. For the reasons expressed therein, the following are hereby ORDERED: The Motion for Summary Judgment filed by defendant Kavin Johnson, M.D. (Docket No. 145) is GRANTED. The Plaintiff's Motion for Partial Summary Judgment (Doc ket No. 116) and Supplemental Motion for Partial Summary Judgment (Docket No. 149) are DENIED. All other pending motions by any party are hereby DENIED AS MOOT. This case is DISMISSED WITH PREJUDICE. This Order constitutes the judgment in this case. Signed by District Judge Aleta A. Trauger on 7/23/2020. (xc:Pro se party by regular mail. ) (am) |
Filing 112 ORDER: For the reasons set forth in the accompanying Memorandum, both sets of Objections (Doc. Nos. 107, 110) are OVERRULED. The non-dispositive Order denying the motion to appoint counsel stands undisturbed. Regarding the R&R, the court ACCEPTS t he recommendation that the Motion to Dismiss be granted, albeit for slightly different reasons. The Motion to Dismiss (Doc. No. 98) is GRANTED, and the claims against defendants Lebo, Fitz, Sweat, and Taylor, construed as individual-capacity claims, are DISMISSEDWITH PREJUDICE. Signed by District Judge Aleta A. Trauger on 10/9/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
Filing 109 REPORT AND RECOMMENDATION re 98 MOTION to Dismiss for Failure to State a Claim filed by Charles Sweat, f/n/u Taylor, Johnny Fitz, Jonathan Lebo. For the foregoing reasons, the undersigned finds that Plaintiff's Amended Complaint ha s failed to state a claim against Defendants Lebo, Fitz, Sweat, and Taylor for which relief can be granted. Accordingly, the undersigned recommends that Defendants' Motion to Dismiss (Docket No. 98) be GRANTED, that Plaintiff's claims aga inst Defendants Lebo, Fitz, Sweat, and Taylor be DISMISSED, and that Defendants Lebo, Fitz, Sweat, and Taylor be TERMINATED as parties in this action. Signed by Magistrate Judge Jeffery S. Frensley on 6/7/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
Filing 89 ORDER: The court, having conducted a de novo review of the plaintiff's allegations against Dr. Bellott in light of the motion to dismiss, ACCEPTS the magistrate judge's recommendation that the claims against Dr. Bellott be dismissed for fai lure to state a claim for which relief may be granted. The defendant's Motion to Dismiss (Doc. No. 76) is GRANTED on that basis, and the claims against Dr. Bellott are DISMISSED. Signed by District Judge Aleta A. Trauger on 4/16/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 4/16/2019 (am). |
Filing 23 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 5/21/2018. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) |
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