Woodruff v. Melton et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATION: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 74 ) is hereby ACCEPTED and APPROVED; (2) Defendant John McCloud's Motion to Dismiss (Docket Entry No. 52 ) is hereby GRANTED; and (3) The Court hereby certifies that any appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Signed by Chief Judge Kevin H. Sharp on 10/10/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 10/10/2014 (hb).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
VINCENT D. WOODRUFF,

)
)
Plaintiff,
)
)
v.
)
)
W.B. MELTON, SHANNON HARVEY, )
JOHN McCLOUD, and DEBBIE DECK, )
)
Defendants.
)

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 John McCloud’s Motion to Dismiss “be GRANTED and
that all claims against Defendant McCloud be dismissed with prejudice.” (Docket Entry No.
74).1
No response in opposition was filed to the R & R. 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. 74) is hereby ACCEPTED and
APPROVED;
(2) Defendant John McCloud’s Motion to Dismiss (Docket Entry No. 52) is hereby
GRANTED; and
(3) The Court hereby certifies that any appeal would not be taken in good faith. See 28
U.S.C. § 1915(a)(3).
1

Magistrate Judge Brown made the recommendation after determining that Plaintiff’s claims against
Defendant McCloud were barred by the one-year statute of limitations. See (Id. at p. 3).
1

This action is hereby returned to the Magistrate Judge for further pretrial management in
accordance with Local Rule 16.01 with respect to the remaining Defendants.
It is SO ORDERED.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

2