Espey v. Spectrum Health System, Inc. et al
Filing
138
ORDER: 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 plaintiff's Motion For Contempt 125 and the plainti ff's Motion For Summary Judgment 114 are DENIED, and the Motions For Summary Judgment filed by defendants Tolley, Daniel, Swanson and Westbrooks 105 , 125 are GRANTED, and all claims against these four defendants are DISMISSED. It is theref ore ORDERED that any claims asserted against defendant McGhee in the Complaint are DISMISSED WITHOUT PREJUDICE. All defendants and claims having now been dismissed, it is hereby ORDERED that the trial scheduled for July 26, 2011 is CANCELLED, and the Clerk shall CLOSE this file. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/20/11. (xc:Pro se party by regular and certified mail.)(tmw)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
DEMETRIUS ESPEY,
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Plaintiff,
v.
TIM TOLLEY, Program Manager for Spectrum
Health Systems, Inc., et al.,
Defendants.
Civil No. 1:09-0090
Judge Trauger
Magistrate Judge Bryant
ORDER
On June 23, 2011, the Magistrate Judge issued a Report and Recommendation (Docket
No. 134), 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 plaintiff’s Motion For Contempt
(Docket No. 125) and the plaintiff’s Motion For Summary Judgment (Docket No. 114) are
DENIED, and the Motions For Summary Judgment filed by defendants Tolley, Daniel, Swanson
and Westbrooks (Docket Nos. 105, 125) are GRANTED, and all claims against these four
defendants are DISMISSED.
With this ruling, all defendants have been dismissed from this case, with the exception of
Brown McGhee, M.D., who has never responded to the Complaint or had counsel enter an
appearance on his behalf. The court notes that this defendant was not included in the plaintiff’s
Motion For Summary Judgment (Docket No. 114), and the court cannot but conclude from this
record that the plaintiff does not wish to pursue his claims against defendant McGhee. It is
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therefore ORDERED that any claims asserted against defendant McGhee in the Complaint are
DISMISSED WITHOUT PREJUDICE.
All defendants and claims having now been dismissed, it is hereby ORDERED that the
trial scheduled for July 26, 2011 is CANCELLED, and the Clerk shall CLOSE this file.
It is so ORDERED.
ENTER this 20th day of July 2011.
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ALETA A. TRAUGER
U.S. District Judge
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