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06-049 - Mynatt v. Tennessee Department of Corrections


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06-049 - Mynatt v. Tennessee Department of Corrections
June 18, 2007
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REPORT AND RECOMMENDATION: Magistrate Judge Bryant recommends that defendants' motion to dismiss be Granted In Part, dismissing plaintiff's complaint against the Tennessee Department of Corrections, the West Tennessee State Penitentiary, and the Turney Center Industrial Prison and Farm Internal Affairs Office and, Denied as to all other claims by plaintiff. Signed by Judge John S. Bryant on 6/18/07. (cc: Pltf by cert. mail)(dt)
August 21, 2007
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ORDER: Defts' objections to the Report and Recommendation 34 are sustained. Report and Recommendation 32 is accepted in part and rejected in part. The Court rejects that portion of the R&R which reports that the events giving rise to this lawsuit occurred at the Northeast Correctional Complex. Motion to Dismiss 26 is granted in part and denied in part. The motion is granted in that the TN Dept of Correction, the West TN State Penitentiary, the Turney Center Industrial Prison and Farm Internal Affairs Office and Nicky Jordan are dismissed. The motion is denied in all other respects. Named defts TN Dept of Correction, the West TN State Penitentiary and the Turney Center Industrial Prison and Farm Internal Affairs Office are dismissed with prejudice on Eleventh Amendment immunity grounds. Nicky Jordon, who was not named as a deft and who was not served with process, is dismissed without prejudice. Pltf Mynatt is directed to keep the Court informed of his current address. Case is returned to the Magistrate Judge under the original order of reference. Signed by Judge Robert Echols on 8/21/07. (pltf by regular & cert mail) (gi, )
May 6, 2008
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REPORT AND RECOMMENDATION recommending 45 Motion for Summary Judgment be granted and the complaint against Billy J. Hunnicut, Michael F. Wood, Wayne Brandon and Larry Harper be dismissed with prejudice. Named in the complaint but never served were f/n/u Gamblen, f/n/u Loba and Shift Commander. The complaint against these individuals should be dismissed without prejudice. Signed by Magistrate Judge John S. Bryant on 5/6/08. (gi)
May 27, 2008
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ORDER accepting the 52 Report and Recommendation; granting 45 Motion for Summary Judgment. Pltf's claims against defts Brandon, Wood, Hunnicut and Harper are dismissed with prejudice. Plft's claims against individuals named in the complaint but never served, defts McGamblen, Loba and "Shift Commander" are dismissed without prejudice. All other pending motions are denied as moot. This case is dismissed. Signed by Senior Judge Robert Echols on 5/27/08. (gi)