ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN, District Judge. INTRODUCTION The Plaintiff, Melanie Nixon, individually and as parent and next friend of the minor child, A.N., brought this action on May 30, 2012 against the Defendants, the Hardin County, Tennessee Board of Education; John Thomas, Director of Schools; Stephen Haffly, Principal of Hardin County Middle School ("HCMS"); and Stacey Stricklin, Assistant Principal of HCMS,...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN, Chief Judge. INTRODUCTION The Plaintiff, Randy Martin, brought this action on July 11, 2011 against the Defendants, Performance Boat Brokerage.com, LLC and Matthew Edward Smith, for damages and injunctive relief, alleging violations of the Tennessee Consumer Protection Act, Tennessee Code Annotated 47-18-101 et seq., as well as breach of contract, fraudulent inducement to contract, and fraud. On April 30, 2012, RSK...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN, Chief Judge. Plaintiff, Kimberly Grice, brought this action against Defendant, Jackson-Madison County General Hospital District aka West Tennessee Healthcare ("WTH") on November 30, 2011 alleging racial discrimination, a hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and the Tennessee Human Rights Act, Tenn.Code Ann. 4-21-101 et seq. Before...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JON P. McCALLA, District Judge. Before the Court is Defendant John M. McHugh, Secretary of the U.S. Department of the Army Corps of Engineers's ("Defendant" or "Army Corps of Engineers") Motion to Dismiss, filed May 23, 2013. (ECF No. 13.) Plaintiff Johnny Boyd responded in opposition on July 8, 2013. (ECF No. 17.) Defendant filed his Reply to Plaintiff's Response on July 22, 2013. (ECF No. 21.) For the following reasons, Defendant's Motion is...
ORDER TO MODIFY THE DOCKET ORDER ON PENDING MOTIONS ORDER DENYING PETITION PURSUANT TO 28 U.S.C. 2254 ORDER DENYING CERTIFICATE OF APPEALABILITY ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH AND ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL S. THOMAS ANDERSON, District Judge. Before the Court is the pro se Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (the "Petition") filed by Petitioner Paul Wilson, Tennessee Department of...
ORDER SAMUEL H. MAYS, Jr., District Judge. Before the Court is the February 26, 2013 Motion to Dismiss filed by Defendant Synthes Sales, Inc. ("Synthes"), improperly sued as Synthes (USA). (Motion, ECF No. 5.) Pro se Plaintiff Michael Ray Spurlock, Jr. ("Spurlock") did not file a timely response. The Court referred Synthes' Motion to United States Magistrate Judge Tu M. Pham on March 25, 2013. (ECF No. 13.) The Magistrate Judge entered an Order to Show Cause on April 8, 2013, directing...
ORDER ADOPTING THE REPORT AND RECOMMENDATION; GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JON P. McCALLA, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (the "Report and Recommendation"), filed on June 6, 2013. ( See ECF No. 52.) In the Report and Recommendation, the Magistrate Judge "recommend[s] that [Defendant's] motion for summary judgment be granted." ( See id. at 34.) On July 10, 2013, the Court granted Plaintiff (who had been proceeding pro...
ORDER ADOPTING REPORT AND RECOMMENDATION AND ORDER OF DISMISSAL JAMES D. TODD, District Judge. Plaintiff Samuel Brownlee, a resident of Memphis, Tennessee, filed a pro se complaint on January 23, 2012, pursuant to, inter alia , 42 U.S.C. 1983, 1985(3), and 1986, accompanied by a motion seeking leave to proceed in forma pauperis . (Docket Entries 1 & 2.) The Court subsequently granted leave to proceed in forma pauperis . (D.E. 3.) On October 29, 2012, the Court dismissed portions of...
REPORT AND RECOMMENDATION TU M. PHAM, Magistrate Judge. On January 23, 2012, Plaintiff Samuel Brownlee filed a pro se complaint against the City of Memphis, Memphis Police Department ("MPD"), and three individual MPD officers (collectively, "Defendants"), alleging civil rights violations pursuant to 42 U.S.C. 1983, 1985(3), and 1986, as well as various state law violations. (ECF No. 1.) The allegations in the complaint pertain to Plaintiff's arrest for domestic assault on January 22,...
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court are Plaintiff Sharon Hansbrough's ("Plaintiff") Objections to the Magistrate Judge's Report and Recommendation on Defendant Titlemax of Tennessee's ("Defendant") Motion for Judgment on the Pleadings. 1 (D.E. #30). On July 19, 2013, Magistrate Judge Pham issued a report and recommendation that Defendant's Motion for Summary Judgment...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SAMUEL H. MAYS, JR., District Judge. Before the Court is Defendant Plumbers and Pipefitters Union Local No. 614's (the "Union") October 25, 2012 Motion for Summary Judgment. (Mot. for Summ. J., ECF No. 33.) Pro se Plaintiff Clarence F. Jenkins, Jr. ("Jenkins") filed a Response on January 2, 2013. (Resp., ECF No. 40.) On January 22, 2013, the Union replied. (Reply, ECF No. 49.) The Court referred the Union's Motion to United States...
ORDER ADOPTING THE REPORT AND RECOMMENDATION; GRANTING IN PART DEFENDANT'S MOTION TO DISMISS JON P. McCALLA, District Judge. Before the Court is the Magistrate Judge's "Report and Recommendation on Defendant's Motion to Dismiss" (the "Report and Recommendation"), filed on July 26, 2013. ( See ECF No. 15.) In the Report and Recommendation, the Magistrate Judge makes two recommendations: "that [Defendant's] motion to dismiss be granted as to the Title VII claim and denied as to the ADA claim."...
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS DIANE K. VESCOVO, Magistrate Judge. On December 19, 2012, the plaintiff, Ronald L. Collins ("Collins"), filed a pro se complaint against the defendant, Waste Management, Inc. of Tennessee ("Waste Management"), alleging disability-based retaliation for filing a previous complaint and denial of reasonable accommodations in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and the Americans with Disabilities Act ("...
ORDER STRIKING PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S OBJECTIONS; ORDER GRANTING DEFENDANT'S MOTION TO STRIKE; ORDER STRIKING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION; and ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JON P. McCALLA, District Judge. Before the Court is the Report and Recommendation of Magistrate Judge Charmiane G. Claxton (the "Report and Recommendation"), filed April 19,...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION IN PART AND DENYING IN PART J. DANIEL BREEN, Chief District Judge. Before the Court are Plaintiff, Gary Bullwinkel's ("Plaintiff") objections to the magistrate judge's report and recommendation dismissing multiple claims against the Federal Highway Administration ("FHWA"); Ray LaHood, in his official capacity as Secretary of Transportation; and Pamela Kordenbrock, in her official capacity as Division Administrator of the FHWA (...
ORDER REMANDING CASE TO THE MADISON COUNTY CIRCUIT COURT J. DANIEL BREEN, Chief District Judge. On November 2, 2012, Plaintiff, Jeffery Gaylon Douglas, Tennessee Department of Correction prisoner number 467106, an inmate at the Northwest Correctional Complex in Tiptonville, Tennessee ("NCCX"), filed a pro se civil action in the Circuit Court for Madison County, Tennessee against the Defendants, the State of Tennessee; Judge Donald H. Allen; "Jane Doe, Juries 1-13"; "John Doe, Juries 1-13";...
ORDER ADOPTING THE REPORT AND RECOMMENDATION; ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JON P. McCALLA, District Judge. Before the Court is the Magistrate Judge's "Report and Recommendation on Wilson & Associates, PLLC's Motion to Dismiss" (the "Report and Recommendation"), which was filed on August 12, 2013. ( See ECF No. 33.) In the Report and Recommendation, the Magistrate Judge recommends that Defendant Wilson & Associates, PLLC's ("Defendant") Motion to Dismiss (ECF No. 11) be...
REPORT AND RECOMMENDATION ON WILSON & ASSOCIATES, PLLC'S MOTION TO DISMISS CHARMIANE G. CLAXTON, Magistrate Judge. Before the Court is Defendant Wilson & Associates, PLLC's ("Wilson") Motion to Dismiss (D.E. #11). The instant motion was referred to the United States Magistrate Judge for Report and Recommendation. (D.E. #27). On June 10, 2013, the Magistrate Judge entered a Report and Recommendation on the referred motions. On July 31, 2013, the District Court entered an Order Rejecting the...
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FOR DISMISSAL AND ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH JAMES D. TODD, District Judge. On August 1, 2013, Magistrate Judge Diane K. Vescovo issued a report and recommendation that the motions to dismiss filed by Defendants in this matter [DE#s 5, 10, 16] be granted and that the pro se complaint be dismissed as barred by the doctrine of res judicata. No objection has been filed. Consequently, the report and recommendation...
REPORT AND RECOMMENDATION ON THE DEFENDANTS' MOTIONS TO DISMISS DIANE K. VESCOVO, Magistrate Judge. On April 24, 2013, the plaintiff, Renata DeAlean Dillard, ("Dillard"), a resident of Shelby County, Tennessee, filed a pro se complaint entitled "Complaint for Injunctive Relief, to Set Aside Foreclosure Sale, and for Declaratory Judgment." (Compl., Docket Entry ("D.E.") 1.) Dillard paid the filing fee on that same day. (D.E. 2.) Now before the court are three motions to dismiss: (1) the May...
