King v. Choate et al

Filing 284

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 269) is hereby ACCEPTED and APPROVED; (2) The Motion for Summary Judgment Filed on Behalf of Defendant Tony Choate (Docket Entry No. 124) is he reby GRANTED; (3) Defendant Faye Smiths Motion for Summary Judgment (Docket Entry No. 139) is hereby GRANTED; (4) All other pending motions are hereby TERMINATED as moot; (5) This case is hereby DISMISSED WITH PREJUDICE; and (6) The Court hereby cer tifies that any appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 3/19/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
WILLIAM CARTER KING,
Plaintiff,
v.
TONY CHOATE, et al.,
Defendants.

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No. 2:11-cv-0117
Judge Sharp
Magistrate Judge Brown

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, recommending,
1) defendants’ motions for summary judgment (Docs. 124, 139) be GRANTED;
2) this case be DISMISSED with prejudice for failure to state a claim under 42
U.S.C. § 1983; 3) the order accepting and adopting this R&R constitute the
FINAL JUDGMENT in this action; 4) any appeal NOT be certified as taken in
good faith under 28 U.S.C. § 1915(a)(3); 5) any pending motions be
TERMINATED a moot.
(Docket Entry No. 269 at 15). A response in opposition was filed to the R & R. (Docket Entry
No. 278).

Having thoroughly reviewed the record in this case and the applicable law in

accordance with Rule 72(b), the Court will accept the R & R of the Magistrate Judge.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 269) is hereby ACCEPTED and
APPROVED;
(2) The Motion for Summary Judgment Filed on Behalf of Defendant Tony Choate
(Docket Entry No. 124) is hereby GRANTED;
(3) Defendant Faye Smith’s Motion for Summary Judgment (Docket Entry No. 139) is
hereby GRANTED;
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(4) All other pending motions are hereby TERMINATED as moot;
(5) This case is hereby DISMISSED WITH PREJUDICE; and
(6) The Court hereby certifies that any appeal would not be taken in good faith. See 28
U.S.C. § 1915(a)(3).
The Clerk is directed to enter Judgment in a separate document in accordance with
Federal Rule of Civil Procedure 58.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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