Martin-Dobson v. Hall et al

Filing 37

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation 32 is hereby ACCEPTED and APPROVED, and Defendant Graulau's objections thereto 35 are hereby OVERRULED; (2) Defendants' Motion to Dismiss Complaint 14 is hereby GRANTED in part and DENIED in part. The motion is granted with respect to Defendants Daron Hall, Beth Gentry, and Frank Sykes but denied with respect to Defendant Michael Graulau; (3) Defendants' Motion to Dismiss Amended Compla int 24 is hereby GRANTED in part and DENIED in part. The motion is granted with respect to Defendants Daron Hall, Beth Gentry, and Frank Sykes but denied with respect to Defendant Michael Graulau; 4) Plaintiff's motions for summary judgment [ 27] and 31 are hereby DENIED; and (5) The claims against Defendants Daron Hall, Beth Gentry, and Frank Sykes are hereby DISMISSED WITH PREJUDICE. This action is hereby returned to the Magistrate Judge for further pretrial management in accordance with Local Rule 16.01 for the remaining claims against Defendant Michael Graulau. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 9/25/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARK BRYAN MARTIN-DOBSON,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DARON HALL, et al.,
Defendants.

No. 3:12-cv-1146
Judge Sharp
Magistrate Judge Griffin

ORDER
In this case brought by an inmate at the Davidson County Criminal Justice Center, the
Magistrate Judge has entered an exhaustive Report and Recommendation (“R & R”) (Docket
Entry No. 32), recommending the following:
1) Defendants’ motion to dismiss (Docket Entry No. 14) and motion to
dismiss the amended complaint (Docket Entry No. 24) be GRANTED as to
Defendants Daron Hall, Beth Gentry, and Frank Sykes and these defendants be
DISMISSED from the action;
2) Defendants’ motion to dismiss (Docket Entry No. 14) and motion to
dismiss the amended complaint (Docket Entry No. 24) be DENIED as to
Defendant Michael Graulau and this Defendant be required to file an answer; and
3) Plaintiff’s motions for summary judgment (Docket Entry Nos. 27 and
31) be DENIED.
(Id. at 12). Defendant Michael Graulau filed a timely objection to the R & R on May 7, 2013.
(Docket Entry No. 35).
Having considered the matter de novo in accordance with Fed. R. Civ. P. 72(b), the Court
agrees with the Magistrate Judge’s recommended disposition.

1

Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 32) is hereby ACCEPTED and
APPROVED, and Defendant Graulau’s objections thereto (Docket Entry No. 35) are hereby
OVERRULED;
(2) Defendants’ Motion to Dismiss Complaint (Docket Entry No. 14) is hereby
GRANTED in part and DENIED in part. The motion is granted with respect to Defendants
Daron Hall, Beth Gentry, and Frank Sykes but denied with respect to Defendant Michael
Graulau;
(3) Defendants’ Motion to Dismiss Amended Complaint (Docket Entry No. 24) is hereby
GRANTED in part and DENIED in part. The motion is granted with respect to Defendants
Daron Hall, Beth Gentry, and Frank Sykes but denied with respect to Defendant Michael
Graulau;
4) Plaintiff’s motions for summary judgment (Docket Entry Nos. 27 and 31) are hereby
DENIED; and
(5) The claims against Defendants Daron Hall, Beth Gentry, and Frank Sykes are hereby
DISMISSED WITH PREJUDICE.
This action is hereby returned to the Magistrate Judge for further pretrial management in
accordance with Local Rule 16.01 for the remaining claims against Defendant Michael Graulau.
It is SO ORDERED.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

2