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17-185 - Hutchinson v. Cunningham et al (MAG2)


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17-185 - Hutchinson v. Cunningham et al (MAG2)
January 23, 2018
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REPORT AND RECOMMENDATION of the Magistrate Judge as follows: (1) Hutchinson's claims against the individual defendant identified in the amended complaint as "Dr. White" be DISMISSED WITHOUT PREJUDICE for failure to perfect service and to provide proof of service in compliance with Rule 4 of the FRCP and for failure to prosecute; (2) the 72 MOTION to Dismiss Claims Against De D. T. Marshall be GRANTED, and Hutchinson's claims against Marshall be DISMISSED WITHOUT PREJUDICE pursuant to Rule 25(a) of the FRCP; (3) the 73 and 100 Motions to dismiss claims against Defs Daffany Abbington, Dionne Baker, Tiffany Clark, Sharon Smith, Teresa Varden, Michelle Beasley, Deborah Muse, and Kim Patterson be DENIED; (4) the 75 MOTION to Dismiss claims against defs QCHS, Inc., Johnny Bates, Jerry Gurley, and Donald Kern be resolved as follows: a. the motion to dismiss be GRANTED tot he extent Hutchinson asserts a 1983 deliberate indifference claim against QCHC and a supervisory liability 1983 deliberate indifference claim against Drs. Bates and Kern, and those claims be DISMISSED WITH PREJUDICE; and b. the motion to dismiss be DENIED in all other respects; (5) The 77 motion to dismiss claims against Defs Derrick Cunningham, Kevin J. Murphy, Barbara Palmer, Wanda J. Robinson, and Melvin Turner beGRANTED, and, for the reasons stated in the recommendation, Hutchinson's claims against Derrick Cunningham, Kevin J. Murphy, Barbara Palmer, Wanda J. Robinson, and Melvin Turner be DISMISSED WITH PREJUDICE and his requests for declaratory and injunctive relief be DISMISSED AS MOOT as to all defendants; Objections to R&R due by 2/6/2018. Signed by Honorable Judge Gray M. Borden on 1/23/18. (djy, )
March 26, 2018
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MEMORANDUM OPINION AND ORDER directing as follows: (1) 116 REPORT AND RECOMMENDATION of the Magistrate Judge: (2) Mr. Hutchinson's claims against the individual def identified in the amended complaint as "Dr. ___White" is DISMISSED WITHOUT PREJUDICE for failure to perfect service and to provide proof of service in compliance with Rule 4 of the FRCP and for failure to prosecute; (3) The 72 motion to dismiss claims against Defendant D.T. Marshall is GRANTED, and Mr. Hutchinsons claims against Mr. Marshall are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 25(a); (4) the 73 & 100 motions to dismiss claims against Defendants Daffany Abbington, Dionne Baker, Tiffany Clark, Sharon Smith, Teresa Varden, Michelle Beasley, Deborah Muse, and Kim Patterson are DENIED; (5) the 75 motion to dismiss claims against Defendants QCHC, Inc., Johnny Bates, Jerry Gurley, and Donald Kern is resolved as follows: (a) The motion to dismiss is GRANTED to the extent Mr. Hutchinson asserts a 1983 deliberate indifference claim against QCHC and a supervisory liability 1983 deliberate indifference claim against Drs. Bates and Kern, and those claims are DISMISSED WITH PREJUDICE; and (b) the motion to dismiss is DENIED in all other respects; (6) The 77 motion to dismiss claims against Defendants Derrick Cunningham, Kevin J. Murphy, Barbara Palmer, Wanda J. Robinson, and Melvin Turner is GRANTED, and Mr. Hutchinson's claims against Derrick Cunningham, Kevin J. Murphy, Barbara Palmer, Wanda J. Robinson, and Melvin Turner are DISMISSED WITH PREJUDICE and his requests for declaratory and injunctive relief are DISMISSED AS MOOT as to all defendants; (7) Mr. Hutchinson's 117 request for leave to amend his amended complaint is construed as a motion and DENIED; (8) This leaves only Mr. Hutchinsons 1983 deliberate indifference claim against QCHC Defendants Bates, Gurley, Kern, Abbington, Baker, Clark, Smith, Varden, Beasley, Muse, and Patterson in their individual capacities; (9) This action is REFERRED back to the Magistrate Judge pursuant to 28 U.S.C. 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 3/26/18. (Attachments: # (1) civil appeals checklist)(djy, ) (Main Document 121 replaced on 3/26/2018 to correct the erroneous main pdf document previous attached and edit the text to include omitted text) (qc/djy, ).