John McGlone v. Robert Bell, et al

Filing

OPINION and JUDGMENT filed: The district court's finding that Appellant does not have standing to pursue his claim and the district court's grant of Defendants' motion to dismiss are REVERSED. The district court's denial of McGlone's motion for preliminary injunction is VACATED and the case is REMANDED. Decision for publication pursuant to local rule 206. (THIS DECISION WAS ORIGINALLY ISSUED AS AN "UNPUBLISHED DECISION" FILED ON APRIL 23, 2012. ON MAY 16, 2012 THE COURT DESIGNATED THE OPINION AS ONE RECOMMENDED FOR FULL-TEXT PUBLICATION.) Danny J. Boggs and Eric L. Clay, Circuit Judges; Arthur J. Tarnow (AUTHORING) U.S. District Judge for the Eastern District of Michigan, sitting by designation. [10-6055, 10-6169]

Case: 10-6055

Document: 006111323648

Filed: 06/01/2012

Page: 1
FILED
April 23, 2012

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

LEONARD GREEN, Clerk

Nos. 10-6055/6169
JOHN McGLONE,
Plaintiff - Appellant,
v.
ROBERT BELL; ED BOUCHER; MARK
OCHSENBEIN; MICHAEL LAMBERT,
Defendants - Appellees.
Before: BOGGS and CLAY, Circuit Judges; TARNOW, District Judge.
JUDGMENT
On Appeals from the United States District Court
for the Middle District of Tennessee at Cookeville.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s finding that
Appellant does not have standing to pursue his claim and the district court’s grant of Defendants’ motion
to dismiss are REVERSED. IT IS FURTHER ORDERED that the district court’s denial of McGlone’s
motion for preliminary injunction is VACATED and the case is REMANDED for further proceedings
consistent with this opinion.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk