Bain v. Transportation Corporation of America et al

Filing 53

ORDER: The Court has reviewed the 50 Report and Recommendation, the 52 Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. Accordingly, 49 Motion to Dismiss of Defe ndant Prison Health Services, Inc. is DENIED. The 41 Motion to Dismiss of Defendants Transcor America, LLC and Corrections Corporation of America is GRANTED in part and DENIED in part as follows: Defendant CCA's Motion to Dismiss is GRANTED, and all claims against Defendant CCA are DISMISSED. Defendant Transcor's Motion to Dismiss Plaintiff's ADA claim, Sections 1985 and 1986 claims, and First Amendment retaliation claim is GRANTED, and those claims are DISMISSED. Defendant Tra nscor's Motion to Dismiss Plaintiff's Eighth Amendment claim and state law claims is DENIED. This action is referred to the Magistrate Judge for case management. Signed by Chief Judge Todd J. Campbell on 03/05/09. (xc: Pltf by reg. and cert. mail)(ab)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION STEPHEN BAIN v. TRANSCOR AMERICA, LLC.1, et al ) ) ) NO. 3:08-0656 ) JUDGE CAMPBELL ) ORDER Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 50) and Objections filed by the Plaintiff (Docket No. 52 ). The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. Accordingly, the Motion to Dismiss of Defendant Prison Health Services, Inc. (Docket No. 49) is DENIED. The Motion to Dismiss of Defendants Transcor America, LLC ("Transcor") and Corrections Corporation of America ("CCA") is GRANTED in part and DENIED in part as follows: Defendant CCA's Motion to Dismiss is GRANTED, and all claims against Defendant CCA are DISMISSED. Defendant Transcor's Motion to Dismiss Plaintiff's ADA claim, Sections 1985 and 1986 claims, and First Amendment retaliation claim is GRANTED, and those claims are DISMISSED.

As noted by the Magistrate Judge (Docket No. 50, n. 3), the Complaint incorrectly identifies Defendant Transcor America, LLC as "Transportation Corporation of America." The Clerk is directed to correct the Defendant's name on the Court docket.

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Defendant Transcor's Motion to Dismiss Plaintiff's Eighth Amendment claim and state law claims is DENIED. This action is referred to the Magistrate Judge for entry of a scheduling order, including a target trial date; for decision on any pretrial, nondispositive motions; and for reports and recommendations on any dispositive motions. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

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