Reece v. Whitley et al

Filing 103

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court finds the report and recommendation to be well-founded and ADOPTS it in its entirety. Accordingly, plaintiff's motions to abate and for declaratory judgment (ECF Nos. 78-79) are DENIED and D efendants' motions to dismiss (ECF Nos. 35, 39, 44, 48, 51, 59, 61 and 63) are GRANTED. All claims against all defendants are DISMISSSED with prejudice and judgment shall be entered against Plaintiff. It is so ORDERED. Signed by Senior Judge John T. Nixon on 10/12/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JAMES R. REECE,
Plaintiff,
v.
L. RAY WHITLEY et al.,
Defendants.

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No. 3:15-cv-0361
Senior Judge Nixon

ORDER
Plaintiff James R. Reece, proceeding pro se, has filed an action under 42 U.S.C. § 1983
against 25 defendants, many of whom he has sued before, all of whom were involved in some
way in Plaintiff’s state criminal proceedings. After this Court’s initial review, the matter was
referred to Magistrate Judge Barbara D. Holmes for management of the case, decisions on all
pretrial, non-dispositive motions, and entry of recommendations as to the disposition of any
dispositive motions, pursuant to 28 U.S.C. § 626(b)(1)(A) and (b) and Rule 72 of the Federal
Rules of Civil Procedure.
Presently before the Court are Plaintiff’s objections to the magistrate judge’s report
(ECF No. 93) recommending that Plaintiff’s motions to abate (ECF No 78) and for declaratory
judgment (ECF No. 79) be denied, that the Defendants’ motions to dismiss (ECF No.s 35, 39, 44,
48, 51, 59, 61 and 63) be granted and that this action be dismissed in its entirety.
Having reviewed the Plaintiff’s objections (ECF 96), the Defendants’ Responses to
Plaintiff’s Objections (ECF Nos. 97-100), the pleadings and files in this action, and having
conducted a de novo review of those portion of the magistrate judge’s report and

recommendation to which Plaintiff has objected, see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72,
the Court finds that Plaintiff’s objections are without merit.
Further, the Court finds the report and recommendation to be well-founded and
ADOPTS it in its entirety. Accordingly, plaintiff’s motions to abate and for declaratory
judgment (ECF Nos. 78-79) are DENIED and Defendants’ motions to dismiss (ECF Nos. 35, 39,
44, 48, 51, 59, 61 and 63) are GRANTED. All claims against all defendants are DISMISSSED
with prejudice and judgment shall be entered against Plaintiff.
It is so ORDERED.

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JOHN T. NIXON
SENIOR UNITED STATES DISTRICT COURT

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