Potter v. Troutt et al

Filing 21

ORDER: On February 20, 2018, the magistrate judge issued a Report and Recommendation ( 19 ), 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 th is court. The Motion to Dismiss filed by defendant Southern Healthcare Partners ( 13 ) is DENIED. The pro se plaintiff has filed a "Motion Begging Leave to Amend" ( 20 ). This motion is GRANTED, and the plaintiff is given 30 days within whi ch to file an Amended Complaint that names as defendants specific individuals. Signed by District Judge Aleta A. Trauger on 3/19/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)

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

ADAM POTTER,
Plaintiff,
v.
SOUTHERN HEALTHCARE PARTNERS,
Defendant.

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Civil No. 3:17-cv-00179
Judge Trauger

ORDER
On February 20, 2018, the magistrate judge issued a Report and Recommendation
(DE #19), 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, it is hereby ORDERED that the Motion to Dismiss filed by
defendant Southern Healthcare Partners (Docket No. 13) is DENIED, but the present Complaint
is DISMISSED without prejudice to the plaintiff’s filing an Amended Complaint pursuant to the
magistrate judge’s sua sponte review under 28 U.S.C. § 1915(e)(2)(B)(ii).
In response to the Report and Recommendation, the pro se plaintiff has filed a “Motion
Begging Leave to Amend” (Docket No. 20). This motion is GRANTED, and the plaintiff is
given 30 days within which to file an Amended Complaint that names as defendants specific
individuals.
It is further ORDERED that this case is returned to the magistrate judge for further

handling under the original referral order. The court requests that the magistrate judge consider
appointing counsel for this plaintiff, if she considers it advisable.
It is so ORDERED.
Enter this 19th day of March 2018.

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ALETA A. TRAUGER
U.S. District Judge