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17-082 - Davis v. Parker et al


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17-082 - Davis v. Parker et al
April 17, 2018
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REPORT AND RECOMMENDATION re 19 First MOTION to Dismiss (Partial) filed by Clint Zyla, Dustin Macklin, Brian Bailey, Steven Palk. Defendants' motion for partial dismissal should be GRANTED. First, Plaintiff's undefined request for mandatory injunctions fails to set out an actual request for any kind of specific injunctive relief. Further, the Court has no authority to direct that TDOC terminate Defendants' employment as part of any final outcome in this case. Finally, a prisoner plaintiff's release from custody generally renders requests for injunctive relief regarding his former confinement moot. ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of service of this Report and Recommendation and must state with particularity the specific portions of this Report and Recommendation to which objection is made. Signed by Magistrate Judge Barbara D. Holmes on 4/17/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
May 10, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 19 Motion to Dismiss; adopting Report and Recommendations re 25 Report and Recommendation. Before the Court is a Report and Recommendation from the Magistrate Judge, recommending the Court grant Defendants' Partial Motion to Dismiss. (Doc. No. 25.) No timely objections have been filed. After a de novo review of the record, the Report and Recommendation is ADOPTED. Accordingly, Defendants' Partial Motion to Dismiss (Doc. No. 19) is GRANTED. Plaintiff's request for injunctive relief is DISMISSED AS MOOT because Plaintiff is no longer in the Tennessee Department of Correction custody. This case is RETURNED to the Magistrate Judge for further proceedings. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/10/2018. (xc:Pro se party by regular mail. ) (am)