Miller v. Hurst et al

Filing 143

ORDER: The plaintiff's Objections 137 to the Report and Recommendation ("R&R") 132 recommending dismissal of this case are OVERRULED. The court ACCEPTS the R&R with the modifications incorporated in the Memorandum accompanying this Order. Defendants Nita Miller Graves, Tedd Graves, and Lovingood Publishing Company's Motion to Dismiss Plaintiff's Verified Second Amended Complaint 123 is GRANTED; the alternative Motion for Summary Judgment incorporated in the same document is DENIED AS MOOT; and the duplicate motion 124 is TERMINATED AS MOOT. Defendants Kenneth "Kenny" Hurst, and Lillibeth Music's Motion to Join the other defendants' motion to dismiss is GRANTED. All claims agains t all defendants are DISMISSED. The plaintiff's copyright infringement claims are DISMISSED WITHOUT PREJUDICE, and all other claims are DISMISSED WITH PREJUDICE. The plaintiff's Motion for Temporary Injunction 120 is DENIED AS MOOT. The request for appointment of counsel for defendants Russell Sims, Sims Records, and English Music 83 submitted by Sims' wife, Holly Holstead, is DENIED AS MOOT. Signed by District Judge Aleta A. Trauger on 9/28/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)

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

JACK VICTOR MILLER,
Plaintiff,
v.
KENNETH HURST et al.,
Defendants.

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Case No. 3:17-cv-00791
Judge Aleta A. Trauger

ORDER
For the reasons set forth in the accompanying Memorandum, the plaintiff’s Objections
(Doc. No. 137) to the Report and Recommendation (“R&R”) (Doc. No. 132) recommending
dismissal of this case are OVERRULED. The court ACCEPTS the R&R with the modifications
incorporated in the Memorandum accompanying this Order.
Accordingly, Defendants Nita Miller Graves, Tedd Graves, and Lovingood Publishing
Company’s Motion to Dismiss Plaintiff’s Verified Second Amended Complaint (Doc. No. 123) is
GRANTED; the alternative Motion for Summary Judgment incorporated in the same document
is DENIED AS MOOT; and the duplicate motion (Doc. No. 124) is TERMINATED AS MOOT.
Defendants Kenneth “Kenny” Hurst, and Lillibeth Music’s Motion to Join the other defendants’
motion to dismiss is GRANTED.
All claims against all defendants are DISMISSED. The plaintiff’s copyright infringement
claims are DISMISSED WITHOUT PREJUDICE, and all other claims are DISMISSED
WITH PREJUDICE.
The plaintiff’s Motion for Temporary Injunction (Doc. No. 120) is DENIED AS MOOT.

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The request for appointment of counsel for defendants Russell Sims, Sims Records, and
English Music (Doc. No. 83) submitted by Sims’ wife, Holly Holstead, is DENIED AS MOOT.
It is so ORDERED.
The Clerk shall enter judgment in accordance with Fed. R. Civ. P. 58.

ALETA A. TRAUGER
United States District Judge