Mayberry v. Humphreys County et al

Filing 93

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 86 Report and Recommendation. The case is RETURNED to the Magistrate Judge for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 9/28/2012. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHRIS SCOTT MAYBERRY,

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Plaintiff,
v.
HUMPHREYS COUNTY, et al.,
Defendants.

Civil No. 3:11-0855
Judge Trauger

ORDER
On September 4, 2012, the Magistrate Judge issued a Report and Recommendation
(Docket No. 86), 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 For Summary Judgment filed by defendant Mathai (Docket
No. 36) is GRANTED, and this defendant is DISMISSED from this
action.

2.

The Motion to Dismiss filed by defendants Chris Davis, Becky
Cunningham, Jesse Wallace, Mike Mealler, Teddy Hooper, Tammy Ross,
Will Hooper, Bonnie Robertson, Thelma Davidson, Theresa Howell,
Brent Hubble, Alan Wallace, Greg Ryan, Brian Baker, and David Flower
(Docket No. 20) is GRANTED only with respect to the claims brought
against Jesse Wallace, the claim against Chris Davis for failure to file a
report, the plaintiff’s individual liability claims brought under the
Americans With Disabilities Act, and the official capacity claims against
the Jail Defendants. The Motion to Dismiss is DENIED in all other
respects.

3.

The Motion to Dismiss filed by defendant Humphreys County (Docket
No. 42) is DENIED.

This case is RETURNED to the Magistrate Judge for further handling under the original
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referral Order.
It is so ORDERED.
ENTER this 28th day of September 2012.

________________________________
ALETA A. TRAUGER
U.S. District Judge

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