Moss et al v. Tennessee Department Human Services et al

Filing 105

ORDER: The 93 Report and Reccomendation is therefore ACCEPTED and made the findings of facts and conclusions of law of this Court. For the reasons expressed therein, it is hereby ORDERED that the Motions to Dismiss filed by the State defendants [17 ], Dr. Algisr Sidrys 19 , John R. Beal and Cookeville Regional Medical Center Authority 21 , Dr. John B. Averitt 23 and Kelly Tayes 60 are GRANTED, and the Complaint, as amended, against these defendants is DISMISSED WITH PREJUDICE. It is furth er ORDERED that the plaintiffs 26 Motion for Partial Summary Judgment is DENIED. Because three defendants listed in the style of this case (Collins, Mattingly, and Welker)apparently remain defendants in this case, the case is REFERRED back to Magistrate Judge Bryant for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 10/07/08. (xc: Pltf by reg. and cert. mail)(ab)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION LELLA V. MOSS, by agent and next friend Tommy Moss, et al., Plaintiffs, v. TENNESSEE DEPARTMENT OF HUMAN SERVICES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil No. 2:07-0012 Judge Trauger Magistrate Judge Bryant

ORDER On August 28, 2008, the Magistrate Judge issued a Report and Recommendation (Docket No. 93), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of facts and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motions to Dismiss filed by the State defendants (Docket No. 17), Dr. Algisr Sidrys (Docket No. 19), John R. Beal and Cookeville Regional Medical Center Authority (Docket No. 21), Dr. John B. Averitt (Docket No. 23) and Kelly Tayes (Docket No. 60) are GRANTED, and the Complaint, as amended, against these defendants is DISMISSED WITH PREJUDICE. It is further ORDERED that the plaintiff's Motion for Partial Summary Judgment (Docket No. 26) is DENIED. Because three defendants listed in the style of this case (Collins, Mattingly, and Welker) apparently remain defendants in this case, the case is REFERRED back to Magistrate Judge Bryant for further handling under the original referral Order. It is so ORDERED.

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Enter this 7th day of October 2008. ________________________________ ALETA A. TRAUGER U.S. District Judge

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