Turner v. Parker et al

Filing 89

ORDER: The court, having conducted a de novo review of the plaintiff's allegations against Dr. Bellott in light of the motion to dismiss, ACCEPTS the magistrate judge's recommendation that the claims against Dr. Bellott be dismissed for fai lure to state a claim for which relief may be granted. The defendant's Motion to Dismiss (Doc. No. 76) is GRANTED on that basis, and the claims against Dr. Bellott are DISMISSED. Signed by District Judge Aleta A. Trauger on 4/16/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 4/16/2019 (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
Before the court are pro se plaintiff Randall Turner’s Objections (Doc. No. 78) to the
magistrate judge’s Report and Recommendation (“R&R”) (Doc. No. 77), which recommends
that defendant Arthur Bellott’s Motion to Dismiss (Doc. No. 76) be granted and that the claims
against that defendant be dismissed.
For the reasons explained in the accompanying Memorandum, the plaintiff is correct that
the magistrate judge clearly erred in referring to Wells v. Brown, 891 F.2d 591, 593 (6th Cir.
1989), as supporting a conclusion that the plaintiff’s pleading must be construed as stating a
claim against Dr. Bellott in his official capacity only. However, the magistrate judge’s ultimate
conclusion did not rely on that finding, and the plaintiff’s other objections are without merit. The
court, having conducted a de novo review of the plaintiff’s allegations against Dr. Bellott in light
of the motion to dismiss, ACCEPTS the magistrate judge’s recommendation that the claims
against Dr. Bellott be dismissed for failure to state a claim for which relief may be granted. The
defendant’s Motion to Dismiss (Doc. No. 76) is GRANTED on that basis, and the claims against
Dr. Bellott are DISMISSED.

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This case remains referred to the magistrate judge.
It is so ORDERED.

ALETA A. TRAUGER
United States District Judge