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Tillman v. Woodall

United States District Court, M.D. Tennessee, Nashville Division

June 2, 2015

BRUCE TILLMAN # 121139, Plaintiff,
v.
JASON WOODALL, ET AL., Defendants.

ORDER

KEVIN H. SHARP UNITED STATES DISTRICT JUDGE

Magistrate Judge Brown has entered a Report and Recommendation ("R & R") in which he recommends that "1) the defendants' motions for summary judgment (Docs. 138 and 146) be GRANTED; 2) this case be DISMISSED WITHOUT PREJUDICE as to the plaintiffs federal claims for failure to exhaust as required under 42 U.S.C. § 1997e(a); 3) this case be DISMISSED WITHOUT PREJUDICE as to any claims the plaintiff might have in State court under the Tennessee Health Care Decisions Act (THCD A), Tenn. Code Ann. §68-11-1806; 4) acceptance and adoption of this Report and Recommendation (R&R) constitute the FINAL JUDGMENT in this action." (Docket No. 170 at 9-10). Plaintiff has filed no objections to the R& R.

Having considered the matter de novo as required by Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disposition. Accordingly, the Court rules as follows:

(1) The R & R (Docket No. 170) is hereby ACCEPTED and APPROVED;
(2) Defendants' Motions for Summary Judgment (Docket Nos. 138 and 146) are hereby GRANTED;
(3) Plaintiff s federal claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies;
(4) Plaintiffs state law claim under the THCDA (if any) is DISMISSED WITHOUT PREJUDICE to refiling in state court; and
(5) The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure.

It is SO ORDERED.


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