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Burley v. Sumner County 18th Judicial Drug Task Force, 3:19-cv-00118. (2020)

Court: District Court, M.D. Tennessee Number: infdco20200312e58 Visitors: 12
Filed: Mar. 11, 2020
Latest Update: Mar. 11, 2020
Summary: ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 40), which was filed on February 14, 2020. Through the Report and Recommendation, the Magistrate Judge recommends that the motion for summary judgment filed by Defendants Drug Task Force and Sumner County (Doc. No. 30) be denied without prejudice. The Magistrate Judge further recommends, based upon a sua sponte review of the Amended Complaint (Doc. No.
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ORDER

Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 40), which was filed on February 14, 2020. Through the Report and Recommendation, the Magistrate Judge recommends that the motion for summary judgment filed by Defendants Drug Task Force and Sumner County (Doc. No. 30) be denied without prejudice. The Magistrate Judge further recommends, based upon a sua sponte review of the Amended Complaint (Doc. No. 29) under 28 U.S.C. § 1915(e)(2), that Plaintiff's claims against all Defendants for violations of his rights under the Eighth Amendment be dismissed for failure to state a claim on which relief may be granted and that process issue to Defendants Arnold and Gay. Although the Report and Recommendation advised the parties that any objections must be filed within 14 days of service, no objections have been filed.

The Court has reviewed the Report and Recommendation and concludes it should be adopted and approved. Accordingly, Defendants' motion for summary judgment (Doc. No. 30) is DENIED without prejudice and Plaintiff's Eight Amendment claims against all Defendants are DISMISSED without prejudice.

Because Plaintiff's application to proceed in forma pauperis has been granted (see Doc. No. 4), the Court will direct the U.S. Marshals Service to serve the Amended Complaint (Doc. No. 29) on Defendant Officer Jason Arnold and Defendant Judge Dee David Gay at no cost to Plaintiff. However, in order for the U.S. Marshals Service to serve these Defendants, Plaintiff must complete and return two forms: "Process Receipt and Return" (AO 285) and "Summons in a Civil Action" (AO 440). These forms are together referred to as a "service packet." The Clerk is DIRECTED to send Plaintiff two service packets. Plaintiff MUST complete a service packet for Defendant Arnold and Defendant Gay, and return both completed service packets to the Clerk's Office within 21 DAYS of the date this Order is entered on the docket. Upon return of the completed service packets, PROCESS SHALL ISSUE. Plaintiff is warned that failure to return the completed service packets for Defendants Arnold and Gay within the required time period could jeopardize his prosecution of his claims against them in this action.

It is so ORDERED.

Source:  Leagle

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