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15-786 - Foster v. Meeks et al(MAG2)


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15-786 - Foster v. Meeks et al(MAG2)
December 18, 2015
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The plaintiff's claims against Dr. Millard McWhorter be dismissed. 2. Dr. Millard McWhorter be dismissed as a named defendant. 3. The plaintiff's claims against the remaining defendants be referred back to the undersigned for additional proceedings. Objections to R&R due by 1/4/2016. Signed by Honorable Judge Terry F. Moorer on 12/18/2015. (dmn, )
January 12, 2016
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 1/12/2016. (dmn, )
January 12, 2016
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JUDGMENT: In accordance with the 40 Memorandum Opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 31 Recommendation is adopted. (2) The plaintiff's claims against defendant Dr. Millard McWhorter are dismissed, and defendant McWhorter is dismissed and terminated as a party to this case. No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 1/12/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
November 15, 2016
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JUDGMENT: It is ORDERED that the 60 Motion to dismiss is granted only as to defendant Jennifer Reeves, and that "Nurse Jennifer" is dismissed without prejudice and terminated as a party to this action, with no costs taxed. The 60 Motion to Dismiss remains pending as to the other defendants. This case is not closed and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/15/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
February 3, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE as follows: (1) The Motion to Dismiss filed by Southern Health Partners and Williams be GRANTED. Doc. 60. (2) The Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) filed by Defendants Meeks and Hughes be DENIED. Doc. 59. (3) The Motion for Summary Judgment filed by Defendants Meeks and Hughes be GRANTED. Doc. 70. (4) The Motion for Summary Judgment filed by the medical defendants be DENIED as moot. Doc. 72 (5) To the extent Foster petitions for a writ of habeas corpus, the request is DISMISSED without prejudice. (6) The state law claims be DISMISSED without prejudice. (7) The remaining claims against the defendants be DISMISSED with prejudice. (8) The costs of these proceedings be taxed against Plaintiff. Objections to R&R due by 2/21/2017. Signed by Honorable Judge Terry F. Moorer on 2/3/2017. (dmn, )
February 28, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 2/28/2017. (dmn, )
February 28, 2017
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 76) is adopted with the clarification noted, and to the extent set forth, in the opinion entered today. (2) The motion to dismiss filed by defendants Southern Health Partners and Diane Williams (originally referred to as Nurse Diane) (doc. no. 60) is granted, and said defendants are dismissed. (3) The motion for summary judgment filed by defendants Southern Health Partners and Williams (doc. no. 72) is denied as moot. (4) The motion to dismiss filed by defendants Dennis Meeks and Preston Hughes (doc. no. 59) is denied. (5) The motion for summary judgment filed by defendants Dennis Meeks and Preston Hughes (doc. no. 70) is granted.(6) To the extent plaintiff Shelton Foster petitions for a writ of habeas corpus, the request is dismissed without prejudice. (7) Plaintiff Fosters state-law claim are dismissed without prejudice. (8) Judgment is entered for defendants Meeks and Hughes and against plaintiff Foster on his claims against them pursuant to 42 U.S.C. 1983, with plaintiff Foster taking nothing by his complaint on those claims. (9) Any remaining claims are dismissed with prejudice. It is further ORDERED that costs are taxed against plaintiff Foster, for which execution may issue. The clerk of the court is DIRECTED to enter thisdocument on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/28/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )