Gregory Ryan Webb v. Middle Tennessee Mental Health Institute, et al.

Summary

This Report and Recommendation addresses a motion to dismiss a pro se 42 U.S.C. § 1983 action for insufficient process, insufficient service of process, and lack of personal jurisdiction. The magistrate judge recommends granting the motion as to Volunteer Behavioral Health Care System and dismissing the claims for failure to prosecute under Federal Rule of Civil Procedure 41(b). The recommendation also advises denying the plaintiff’s motions to amend and related requests for relief.

Holdings

1. The magistrate judge recommended granting Volunteer Behavioral Health Care System's motion and dismissing the Third Amended Complaint as to that defendant under Rule 41(b) because the plaintiff failed to prosecute, failed to respond to the motion to dismiss, failed to cure or address defective service, and failed to comply with the show-cause order.
2. The magistrate judge recommended denying the plaintiff's motions to amend because they were procedurally deficient, untimely, and futile.

Questions Presented

1. Whether the action against Volunteer Behavioral Health Care System should be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b).
2. Whether the plaintiff's service documents were insufficient and failed to establish proper service or personal jurisdiction over Volunteer Behavioral Health Care System.
3. Whether the plaintiff's motions to amend should be denied as untimely, procedurally deficient, and futile.
4. Whether the action should be dismissed with prejudice as to all defendants for failure to prosecute.

Disposition

other