Woodruff v. Melton et al

Filing 105

ORDER ADOPTING REPORT AND RECOMMENDATION: The Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 99 ) is hereby ACCEPTED and APPROVED; (2) Defendant Debbie Deck's Motion for Summary Judgment (Docket Entry No. [ 81]) is hereby GRANTED; (3) Defendants' [W.B. Melton and Shannon Harvey] Motion for Summary Judgment (Docket Entry No. 87 ) is hereby GRANTED; (4) This case is hereby DISMISSED WITH PREJUDICE; (5) This dismissal shall count as a STRIKE unde r 28 U.S.C. § 1915(g); and (6) The Court hereby certifies that any appeal would not be taken in good faith. 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 Chief Judge Kevin H. Sharp on 9/30/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
VINCENT D. WOODRUFF,
Plaintiff,
v.
W.B. MELTON, et al.,
Defendants.

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No. 2:13-cv-0085
Judge Sharp
Magistrate Judge Brown

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, recommending that Defendant Debbie Deck’s Motion for Summary Judgment (Docket
Entry No. 81) and Defendants’ [W.B. Melton and Shannon Harvey] Motion for Summary
Judgment (Docket Entry No. 87) be granted and “this action be dismissed against the moving
parties for failure to exhaust and for failure to state a claim on which relief may be granted.”
(Docket Entry No. 99). The Magistrate Judge further recommended this action count as a strike
under 28 U.S.C. § 1915(g). (Id. at 15). Plaintiff made a timely objection to the R & R. (Docket
Entry No. 103).
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.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 99) is hereby ACCEPTED and
APPROVED;
(2) Defendant Debbie Deck’s Motion for Summary Judgment (Docket Entry No. 81) is
hereby GRANTED;

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(3) Defendants’ [W.B. Melton and Shannon Harvey] Motion for Summary Judgment
(Docket Entry No. 87) is hereby GRANTED;
(4) This case is hereby DISMISSED WITH PREJUDICE;
(5) This dismissal shall count as a STRIKE under 28 U.S.C. § 1915(g); 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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