Lewis v. Cumberland County Sheriff's Department et al

Filing 37

ORDER: The Report and Recommendation 36 is APPROVED. Defendant's Motion for Summary Judgment 28 is GRANTED. The Motions in Limine and to Ascertain Status 32 , 33 , 34 , 35 are DENIED AS MOOT. The Pretrial Conference Scheduled for Aug ust 24, 2020 at 3:00 p.m., and the trial scheduled to being on September 1, 2020 are CANCELLED. The Clerk shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure and close this case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/21/2020. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION MELANIE LEWIS, Plaintiff, v. JEFFREY SHELTON, in his individual capacity Defendant. ) ) ) ) ) ) ) ) ) ) No. 2:18-cv-00029 ORDER In this civil rights action, Magistrate Judge Frensley has issued a Report and Recommendation (Doc. No. 36) in which he recommends that Defendant’s unopposed Motion for Summary Judgment (Doc. No. 28) be granted because (1) Plaintiff’s claims are barred by the statute of limitations; (2) Defendant is entitled to qualified immunity; and (3) Plaintiff cannot establish that she suffered a constitutional deprivation. No objections have been filed. Upon de novo review under Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disposition. Accordingly, (1) The Report and Recommendation (Doc. No. 36) is APPROVED; (2) Defendant’s Motion for Summary Judgment (Doc. No. 28) is GRANTED; (3) The Motions in Limine and to Ascertain Status (Doc. Nos. 32, 33, 34, 35) are DENIED AS MOOT; and (4) The Pretrial Conference Scheduled for August 24, 2020 at 3:00 p.m., and the trial scheduled to being on September 1, 2020 are CANCELLED. The Clerk shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure and close this case. IT IS SO ORDERED. __________________________________________ WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE 2

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