Turner v. Parker et al

Filing 193

ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the accompanying Memorandum, the plaintiff's Objection (Doc. No. 181) and Supplement Objection (Doc. No. 183) to the Magistrate Judge's Report and Recommendation (R& R) (Doc. No. 175) are OVERRULED, and the R&R is ACCEPTED in its entirety. Accordingly, defendant Kavin Johnsons Motion for Summary Judgment (Doc. No. 145) is GRANTED, and the claims against Johnson are DISMISSED WITH PREJUDICE. The plaintiff' s Motion for Partial Summary Judgment (Doc. No. 116) and Supplement Motion for Partial Summary Judgment (Doc. No. 149) are DENIED. The defendant's Motion to Strike (Doc. No. 170) and all other pending motions in this action, including the pla intiffs renewed Motion for Preliminary Injunction (Doc. No. 184) and Motion seeking injunctive relief (Doc. No. 191), are DENIED AS MOOT. The court notes that the claims against defendant Jeremy Cotham, who has never been served, have never formal ly been dismissed. The plaintiff was placed on notice by this courts October 9, 2019 Order dismissing with prejudice the claims against four other defendants that, although the defendants had provided an address for Cotham, process had never been issued for him and he had never been served. (See Doc. No. 112, at 2 n.2) The claims against Cotham have now been pending for more than two years, since the filing of the first Amended Complaint on October 9, 2018 (Doc. No. 58), and the plaintif f has been in possession of his address since November 2018 (see Doc. No. 65), but the plaintiff has never attempted to serve Cotham with process or in any way prosecuted the claims against him. In light of this excessive delay, all claims against Cotham are now DISMISSED WITH PREJUDICE, for failure to prosecute. All other claims against all defendants having previously been dismissed, this case is DISMISSED in its entirety. It is so ORDERED. The Clerk shall enter judgment in accordance with Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 11/18/2020. (xc:Pro se party by regular mail. ) (am)

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

RANDALL TURNER,
Plaintiff,
v.
TONY PARKER et al.,
Defendants.

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Case No. 3:18-cv-00003
Judge Aleta A. Trauger

ORDER
For the reasons set forth in the accompanying Memorandum, the plaintiff’s Objection
(Doc. No. 181) and Supplement Objection (Doc. No. 183) to the Magistrate Judge’s Report and
Recommendation (“R&R”) (Doc. No. 175) are OVERRULED, and the R&R is ACCEPTED in
its entirety.
Accordingly, defendant Kavin Johnson’s Motion for Summary Judgment (Doc. No. 145)
is GRANTED, and the claims against Johnson are DISMISSED WITH PREJUDICE. The
plaintiff’s Motion for Partial Summary Judgment (Doc. No. 116) and “Supplement Motion for
Partial Summary Judgment” (Doc. No. 149) are DENIED. The defendant’s Motion to Strike (Doc.
No. 170) and all other pending motions in this action, including the plaintiff’s renewed Motion for
Preliminary Injunction (Doc. No. 184) and Motion seeking injunctive relief (Doc. No. 191), are
DENIED AS MOOT.
The court notes that the claims against defendant Jeremy Cotham, who has never been
served, have never formally been dismissed. The plaintiff was placed on notice by this court’s
October 9, 2019 Order dismissing with prejudice the claims against four other defendants that,

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although the defendants had provided an address for Cotham, process had never been issued for
him and he had never been served. (See Doc. No. 112, at 2 n.2) The claims against Cotham have
now been pending for more than two years, since the filing of the first Amended Complaint on
October 9, 2018 (Doc. No. 58), and the plaintiff has been in possession of his address since
November 2018 (see Doc. No. 65), but the plaintiff has never attempted to serve Cotham with
process or in any way prosecuted the claims against him. In light of this excessive delay, all claims
against Cotham are now DISMISSED WITH PREJUDICE, for failure to prosecute.
All other claims against all defendants having previously been dismissed, this case is
DISMISSED in its entirety.
It is so ORDERED.
The Clerk shall enter judgment in accordance with Fed. R. Civ. P. 58.

ALETA A. TRAUGER
United States District Judge

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