Allen et al v. Holt

Filing 53

ORDER adopting Report and Recommendations re 44 Report and Recommendation. granting in part and denying in part 18 Motion for Summary Judgment. Signed by District Judge Aleta A. Trauger on 9/3/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RONALD ALLEN and JUSTIN EZRA JONES, Plaintiffs, v. BILL HOLT, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:18-cv-00033 Judge Aleta A. Trauger ORDER Before the court is defendant Bill Holt’s Objection (Doc. No. 48) to the magistrate judge’s Report and Recommendation (Doc. No. 44), recommending that the defendant’s Motion for Summary Judgment (Doc. No. 18) be granted in part and denied in part. For the reasons explained in the accompanying Memorandum, the arguments raised in the Objection are OVERRULED, and the court ACCEPTS the magistrate judge’s recommended disposition in its entirety. The Motion for Summary Judgment is therefore GRANTED IN PART AND DENIED IN PART. The defendant is GRANTED summary judgment as to the claims brought by plaintiff Ronald Allen; all claims brought by that plaintiff are DISMISSED WITH PREJUDICE. The defendant’s motion is DENIED insofar as it pertains to the claim brought by plaintiff Justin Jones premised on the deprivation of a constitutional right to exercise. The magistrate judge is requested to promptly give due consideration to the plaintiff’s pending Motion for Appointment of Counsel. (Doc. No. 31.) An Order setting a trial date will enter separately. 2 It is so ORDERED. ALETA A. TRAUGER United States District Judge

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