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16-031 - Kirk v. Correction Corporation of America et al


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16-031 - Kirk v. Correction Corporation of America et al
December 13, 2016
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REPORT AND RECOMMENDATION: The undersigned respectfully RECOMMENDS (1) that the plaintiff's motion for preliminary injunctive relief (Docket Entry No. 3) be DENIED; (2) that the plaintiff's motions for leave to file an amended complaint (Docket Entry Nos. 49 and 68) be GRANTED; (3) that the defendants' motions to strike the amended complaint (Docket Entry Nos. 51 and 59) be DENIED; (4) that the claims against Bryant Williams, Kathy Inman, Joel Foster and Cole Turner be dismissed without prejudice for want of prosecution; (5) that the defendants' motion for summary judgment (Docket Entry No. 60) as it applies to all CCA and SCCC defendants, with the exception of Patricia Harrison and Daniel Harville, be GRANTED; (6) that the plaintiff's motions (Docket Entry Nos. 103 and 111) for an evidentiary hearing be DENIED; and (7) that the defendants' motions to dismiss (Docket Entry Nos. 52, 56 and 77) as they apply to the TDOC defendants be GRANTED. Signed by Magistrate Judge Joe Brown on 12/13/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
January 4, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Senior Judge William J. Haynes, Jr on 1/3/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
July 26, 2017
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REPORT AND RECOMMENDATION: Plaintiff has failed to show that he is entitled to relief under Rule 54(b). Therefore, the undersigned recommends that plaintiff's motion (Doc. 128) be DENIED. Signed by Magistrate Judge Joe Brown on 7/25/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 7/28/2017 (eh).
August 18, 2017
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ORDER denying 128 Motion for Order to Show Cause; denying 128 Motion ; adopting Report and Recommendations re 162 Report and Recommendation. Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 162), to which Plaintiff filed timely objections (Doc. No. 165). The Court has reviewed the Report and Recommendation, Plaintiff's objections, and conducted a de novo review of the record. Plaintiff argues that Magistrate Judge Brown erred in Section II.D. of his Report and Recommendation by misunderstanding the Tennessee Department of Correction grievance process. (Doc. No. 165.) However, Judge Brown correctly cited the grievance process found that Plaintiff did not move any of his grievances to the next level after having not received a response to them in the time allotted under the Tennessee Department of Correction Policy. (Doc. No. 162 at 11-12.) Accordingly, Plaintiff did not exhaust his administrative remedies, and his objections are OVERRULED. The Report and Recommendation is ADOPTED. For the foregoing reasons, Plaintiff's Motion for Reconsideration (Doc. No. 128) is DENIED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/18/17. (xc:Pro se party by regular mail. ) (am)
August 28, 2017
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REPORT AND RECOMMENDATION: For the reasons stated above, the undersigned RECOMMENDS that: 1) plaintiff's claims be DISMISSED against the remaining two defendants to this action, Daniel Harville and Patricia Harrison; 2) this action be DISMISSED WITH PREJUDICE as to plaintiff's federal law claims; 3) acceptance and adoption of this R&R constitute the FINAL JUDGMENT in this action; 4) plaintiff's state-law claims be DISMISSED WITHOUT PREJUDICE as to any relief that plaintiff might be entitled in State court; 5) any motions pending prior to the date of entry of this R&R be DENIED AS MOOT; 6) any appeal NOT BE CERTIFIED as taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The parties have fourteen (14) days of being served with a copy of this R&R to serve and file written objections to the findings and recommendation proposed herein. A party shall respond to the objecting party's objections to this R&R within fourteen (14) days after being served with a copy thereof. Failure to file specific objections within fourteen (14) days of receipt of this R&R may constitute a waiver of further appeal. Thomas v. Arn, 474 U.S. 140, 142, reh'g denied, 474 U.S. 111 (1986); see Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). Signed by Magistrate Judge Joe Brown on 8/28/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
October 19, 2017
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REPORT AND RECOMMENDATION: For the reasons stated above, the undersigned RECOMMENDS that: 1) plaintiff's demand for injunctive relief be DISMISSED as moot; 2) this action be DISMISSED WITH PREJUDICE; 3) acceptance and adoption of this R&R constitute the FINAL JUDGMENT in this action; 4) any appeal NOT BE CERTIFIED as taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The parties have fourteen (14) days of being served with a copy of this R&R to serve and file written objections to the findings and recommendation proposed herein. A party shall respond to the objecting party's objections to this R&R within fourteen (14) days after being served with a copy thereof. Failure to file specific objections within fourteen (14) days of receipt of this R&R may constitute a waiver of further appeal. Thomas v. Arn, 474 U.S. 140, 142, rehg denied, 474 U.S. 111 (1986); see Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). Signed by Magistrate Judge Joe Brown on 10/19/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
November 13, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re 177 Report and Recommendation. Accordingly, after a de novo review, the Report and Recommendation is ADOPTED. The Complaint is therefore DISMISSED as moot. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that an appeal in forma pauperis from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3), IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/13/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)