Ezell v. Metropolitan Government of Nashville & Davidson County et al

Filing 100

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Motion to Dismiss filed by defendants Karl Dean, Metropolitan Government of Nashville and Davidson County, the Metropolitan Council and the Metropolitan Hospital Authority (Docket No. 31 ) is GRANTED. T he Motion to Dismiss filed by defendants Brewer, Hodge, Murphy, Odle, and Westbrooks (Docket No. 42 ) is GRANTED. The Motion For Summary Judgment filed by defendants Brewster, Burns, Butler, Carter and Correctional Medical Services (Docket No. 83 ) is GRANTED. All claims against defendants Karl Dean, Metropolitan Government, Metropolitan Council, Metropolitan Hospital Authority, Brewer, Hodge, Murphy, Odle, Westbrooks, Brewster, Burns, Butler, Carter and Correctional Medical Services are DISM ISSED WITH PREJUDICE. The plaintiff's Motion For Preliminary Injunction (Docket No. 33 ) is DENIED. This case is REMANDED to the Magistrate Judge in order to determine the status of the claims against defendant Wayne Earl Moore. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/5/2012. (xc:Pro se party by regular and certified mail.)(hb)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION TIMOTHY W. EZELL, ) ) Plaintiff, ) ) v. ) ) METROPOLITAN GOVERNMENT OF ) NASHVILLE AND DAVIDSON COUNTY, et al., ) ) Defendants. ) Civil No. 3:11-0405 Judge Trauger Magistrate Judge Griffin ORDER On June 6, 2012, the Magistrate Judge issued a Report and Recommendation (Docket No. 95), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the following are hereby ORDERED: 1. The Motion to Dismiss filed by defendants Karl Dean, Metropolitan Government of Nashville and Davidson County, the Metropolitan Council and the Metropolitan Hospital Authority (Docket No. 31) is GRANTED. 2. The Motion to Dismiss filed by defendants Brewer, Hodge, Murphy, Odle, and Westbrooks (Docket No. 42) is GRANTED. 3. The Motion For Summary Judgment filed by defendants Brewster, Burns, Butler, Carter and Correctional Medical Services (Docket No. 83) is GRANTED. 4. All claims against defendants Karl Dean, Metropolitan Government, Metropolitan Council, Metropolitan Hospital Authority, Brewer, Hodge, Murphy, Odle, Westbrooks, Brewster, Burns, Butler, Carter and Correctional Medical Services are DISMISSED WITH PREJUDICE. 5. The plaintiff’s Motion For Preliminary Injunction (Docket No. 33) is DENIED. 1 This case is REMANDED to the Magistrate Judge in order to determine the status of the claims against defendant Wayne Earl Moore. It is so ORDERED. ENTER this 5th day of July 2012. ________________________________ ALETA A. TRAUGER U.S. District Judge 2

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