Proctor v. Bledsoe et al

Filing 72

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation 68 is hereby ACCEPTED and APPROVED; (2) The Motion for Summary Judgment by Defendant Southern Health Partners, Inc. 61 is hereby GRANTED; (3) Defendant Sheri ff Jeff Bledsoe's Motion for Judgment on the Pleadings 63 is hereby GRANTED; (4) All other pending motions are hereby TERMINATED as moot; (5) This case is hereby DISMISSED WITH PREJUDICE; and (6) The Court hereby certifies that any appeal wo uld not be taken in good faith. See 28 U.S.C. § 1915(a)(3). The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 4/29/14. (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
GREGG PROCTOR #120367,
Plaintiff,
v.
SHERIFF JEFF BLEDSOE, et al.,
Defendants.

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No. 3:13-cv-0309
Judge Sharp
Magistrate Judge Brown

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, concluding,
[A]s an initial matter [], apart from identifying SHP and Sheriff Bledsoe as
defendants in the style of the case, the body of the complaint is utterly devoid of
any factual allegations against either defendant. . . There is nothing in plaintiff’s
many subsequent filings that either mentions the defendants, or provides even a
hint as to the factual allegations against them. (Docs. 21-23, 35, 40, 48-50, 62)
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Although this case is subject to a sua sponte dismissal by statute for failure to
state a claim as to either defendant, the Magistrate Judge will address the
defendants’ dispositive motions as required in the District Judge’s order of
referral.
(Docket Entry No. 68 at 2). After an exhaustive analysis, the Magistrate Judge ultimately
recommended,
1) defendant Southern Health Partners (SHP) motion for summary judgment
(Doc. 61) be GRANTED; 2) Sheriff Bledsoe’s motion for judgment on the
pleadings (Doc. 63) be GRANTED; 3) this case be DISMISSED with prejudice
for failure to state a claim under 42 U.S.C. § 1983; 4) dismissal of this action
count as a “STRIKE” under 28 U.S.C. § 1915(g); 5) the order accepting and
adopting this R & R constitute the FINAL JUDGMENT in this action; 6) any
appeal NOT be certified as taken in good faith under 28 U.S.C. § 1915(a)(3); 7)
any pending motions be TERMINATED as moot.

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(Id. at 13). No objections to the R & R have been filed.
Where no objections are made to the R & R, “[t]he district judge may accept, reject, or
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.” Fed. R. Civ. P. 72(b). Having thoroughly reviewed the
record in this case and the applicable law in accordance with Rule 72(b), the Court will accept
the R & R.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 68) is hereby ACCEPTED and
APPROVED;
(2) The Motion for Summary Judgment by Defendant Southern Health Partners, Inc.
(Docket Entry No. 61) is hereby GRANTED;
(3) Defendant Sheriff Jeff Bledsoe’s Motion for Judgment on the Pleadings (Docket
Entry No. 63) is hereby GRANTED;
(4) All other pending motions are hereby TERMINATED as moot;
(5) This case is hereby DISMISSED WITH PREJUDICE; and
(6) The Court hereby certifies that any appeal would not be taken in good faith. See 28
U.S.C. § 1915(a)(3).
The Clerk is directed to enter Judgment in a separate document in accordance with
Federal Rule of Civil Procedure 58.
It is SO ORDERED.
_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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