Boyd v. Riley12/19/2003
Assigned on Briefs January 31, 2003
William B. Cain, J., delivered the opinion of the court, in which Ben H. Cantrell, P.J., M.S., and Patricia J. Cottrell, J., joined.
MEMORANDUM OPINION
On April 22, 1999, Appellant filed two separate law suits in the Circuit Court of Wayne County, Tennessee. The first Complaint alleged medical malpractice and named Robert Coble, John Crunk and `Doctor Ray' as Defendants. The second case, alleging negligence, named Billy Riley and Correction Corporation of America as Defendants. Appellant is a prison inmate.
On June 22, 1999, Defendant John Crunk, who was not a medical doctor but who served as Health Administrator for the prison, filed a Tennessee Rule of Civil Procedure 12.02(6) Motion asserting failure to state a claim upon which relief could be granted. This Motion to Dismiss was granted by the trial court on January 27, 2000, and the malpractice action was dismissed as to John Crunk.
On April 12, 2001, Appellant filed an Amended Complaint Claim for Negligent Loss and Damage to Personal Property without obtaining leave of the court under Tennessee Rule of Civil Procedure 15. This Amended Complaint sought to join as Defendants Linda Rochelle, Assistant Warden, together with John Does 1 and 2 and the Corrections Corporation of America.
On April 23, 2001, Defendant Billy Riley, in the original negligence Complaint, filed a Rule 12.02(6) Motion to Dismiss for failure to state a claim upon which relief could be granted. On July 17, 2001, again without obtaining leave of the court pursuant to Rule 15, Appellant filed, in both the malpractice action and the negligence action, his Supplemental Complaint relative to his personal property. On August 31, 2001, the trial court granted the Motion to Dismiss filed by Billy Riley. Defendant Dr. Robert Coble also filed a Motion for Summary Judgment in the malpractice case which, on May 31, 2001, was granted by the trial court.
On February 28, 2002, the trial court entered the following order:
In this cause, it appears to the Court that Plaintiff is not properly before the Court on any of his pending pleadings and motions and that same should be denied.
More specifically, the Court finds that the original Complaint was filed herein on the 22nd day of April, 1999, naming Robert Coble, John Crunk and Doctor Ray as Defendants. Motion for Summary Judgment as to Robert Coble was granted and entered on May 31, 2001. A copy of the Order was certified to Plaintiff on May 31, 2001. Motion to dismiss as to John Crunk was granted and entered January 27, 2000. A copy of the Order was certified to Plaintiff. Doctor Ray was never served, and no alias service of process has issued beyond the first failed service on May 18, 1999.
Plaintiff filed his Motion for Leave to Amend Response in Opposition to Summary Judgment as to Defendant, Robert Coble, on the 4th day of December, 2001. The Court dismisses Plaintiff's Motion as not being timely filed.
On April 12, 2001, Plaintiff filed an Amended Complaint in this case and in another case, Circuit Court Case No. 3544, naming Linda Rochelle, John Does 1 and 2 and Corrections Corporation of America as new Defendants. This Amended Complaint was filed without leave of the Court and alleges new and different losses and damages arising after the allegations originally alleged in this case. The Court dismisses same action pursuant to Rule 15 of Rules of Civil Procedure and also dismisses Plaintiff's Motion for Default Judgment as to these new Defendants.
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