Key v. Nwozo et al

Filing 62

ORDER: The Partial Motion to Dismiss 24 as it pertains to Kenneth Wiley is moot. In all other respects, after a de novo review, the Report and Recommendation is ADOPTED. Accordingly, the Partial Motion to Dismiss (Doc. No. 24 ) is GRANTED IN PART and DENIED AS MOOT IN PART. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 6/6/18.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT KEY,
Plaintiff,
v.
MADUBUEZE NWOZO, et al.,
Defendant.

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No. 3:17-cv-00920
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge,
recommending the Court grant David Sehorn’s and Kenneth Wiley’s Partial Motion to Dismiss.
(Doc. No. 56.) No timely objections have been filed. Subsequent to the filing of the Report and
Recommendation, Robert Key filed a Stipulation of Dismissal as to Kenneth Wiley. Therefore, the
Partial Motion to Dismiss as it pertains to Kenneth Wiley is moot. In all other respects, after a de
novo review, the Report and Recommendation is ADOPTED.
Accordingly, the Partial Motion to Dismiss (Doc. No. 24) is GRANTED IN PART and
DENIED AS MOOT IN PART. All official capacity claims for money damages against David
Stehorn are DISMISSED WITHOUT PREJUDICE because he is a State employee, and the
State is immune from suit. All claims for declaratory and injunctive relief are DISMISSED AS
MOOT because Key is no longer housed at the Deberry Special Needs Facility. This case is
RETURNED to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE