MEMORANDUM OPINION MICHAEL F. URBANKSI , District Judge . This case is a products liability and negligence action arising out of an explosion at an automotive ball-bearing plant in Blacksburg, Virginia. On March 7, 2014, the court granted the defendants' first motions for summary judgment, finding that plaintiffs failed to create a genuine factual dispute regarding the origin of the explosion. ECF No. 149. Plaintiffs appealed to the United States Court of Appeals for the Fourth Circuit,...
MEMORANDUM OPINION NORMAN K. MOON , UNITED STATES DISTRICT JUDGE . This case is before the Court after briefing and oral argument on Defendants' motions to dismiss for failure to state a claim. Anthony Marcantonio ("Plaintiff") filed this diversity action against former teammates on the University of Virginia ("UVA") men's swim team for several torts under Virginia law. 1 Generally, Plaintiff alleges that Defendants subjected him to assorted forms of hazing, threats, verbal abuse,...
MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . This matter is before the court upon defendants' motion for summary judgment, filed November 9, 2015. On November 10, 2015, the court mailed a notice advising Mr. Jones that the court would give him 21 days to submit any further counter-affidavits or other relevant evidence contradicting, explaining or avoiding defendants' evidence before ruling on defendants' motion. The notice warned Mr. Jones: If Plaintiff does not respond to...
OPINION AND ORDER GLEN E. CONRAD , Chief District Judge . John Donohue, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983, alleging incidents of excessive force at Red Onion State Prison on June 6 and 7, 2013, and related claims. The court denied an initial motion for summary judgment as to some claims and defendants. Presently before the court is the Report and Recommendation of December 10, 2015 ("the Report") by the Hon. Pamela Meade...
ORDER NORMAN K. MOON , District Judge . This matter is before the court on Gilmer's motion for preliminary injunctive relief (Docket No. 57). Upon review of his motion, I conclude that Gilmer's request for injunctive relief is moot and, therefore, will deny his motion. In his motion, Gilmer alleges that he feared for his safety in a particular housing unit at Green Rock Correctional Center ("GRCC") and asks the court to order that he be placed in "an appropriately safe housing unit."...
ORDER GLEN E. CONRAD , Chief District Judge . In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. The Report and Recommendation (ECF No. 383) is ADOPTED, except as to its conclusions and recommendations regarding the bystander liability claims; 2. After de novo review of those portions of the report or specified proposed findings or recommendations that are subject to specific objections, pursuant to 28 U.S.C. 636(b)(1), the...
ORDER GLEN E. CONRAD , Chief District Judge . In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. Plaintiff's outstanding objections (ECF Nos. 138, 193, 221, 222, 237, 249, 251, 256, 271, 272, 276, 299, 300, 302, 306, 315, 318, 319, 335, and 352) to the prior orders of this court and the prior orders of the magistrate judge regarding discovery and pretrial matters are hereby OVERRULED, and the other orders of the magistrate judge...
MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . In preparation for the upcoming trial in this case, the court has reviewed Plaintiff John Donohue's numerous, often repetitive letters and motions "to object" to past rulings in the case, by the court or by the magistrate judge to whom pretrial matters have been referred under 28 U.S.C. 636(b). ( See , e.g. , ECF Nos. 138, 193, 221, 222, 237, 249, 251, 256, 271, 272, 276, 299, 300, 302, 306, 315, 318, 319, 335, and 352.) See...
REPORT AND RECOMMENDATION PAMELA MEADE SARGENT , Magistrate Judge . The pro se plaintiff, John Donohue, an inmate incarcerated at Red Onion State Prison, ("Red Onion"), brings this civil rights action pursuant to 42 U.S.C. 1983, against the defendants, 1 various Virginia Department of Corrections, ("VDOC"), employees, assigned to Red Onion. In his Complaint and amendments thereto, Donohue alleges that the defendants violated his Eighth Amendment rights through the use of excessive...
OPINION JAMES P. JONES , District Judge . This case is presently before me on plaintiff Underwood's motion seeking interlocutory injunctive relief related to his alleged heart condition. The Office of the Attorney General has filed a response to this motion, attaching the affidavit of Dr. E. Osemobor, Underwood's treating physician at Keen Mountain Correctional Center, to which Underwood has responded. After review of Underwood's submissions and the doctor's affidavit, I cannot find that...
MEMORANDUM OPINION JACKSON L. KISER , Senior District Judge . Before the court are Defendant Christopher Parker's Rule 12(b)(6) Motions to Dismiss in cases filed by Plaintiff Alvin Robinson (Case No. 4:15-cv-00040) and Plaintiff Linda Robinson (4:15-cv-00041) ("the Motions"). The parties do not object to the cases being consolidated for consideration of the Motions. The Motions were filed on October 8, 2015. The Plaintiffs filed timely responses, and Parker replied. I heard oral argument...
MEMORANDUM OPINION PAMELA MEADE SARGENT , Magistrate Judge . I. Background and Standard of Review Plaintiff, Rebecca L. Williams, ("Williams"), filed this action challenging the final decision of the Commissioner of Social Security, ("Commissioner"), determining that she was not eligible for disability insurance benefits, ("DIB"), under the Social Security Act, as amended, ("Act"), 42 U.S.C.A. 423 (West 2011). Jurisdiction of this court is pursuant to 42 U.S.C. 405(g). This case is...
MEMORANDUM OPTNION JACKSON L. KISER , District Judge . Adam Nicholas Casey, a Virginia inmate proceeding pro se , filed a civil rights complaint pursuant to 42 U.S.C. 1983. Plaintiff names as defendants: the Central Virginia Regional Jail ("Jail"); former Jail Superintendent Floyd Aylor; "Medical Officers"; "Other Unknown Officers"; and Orange County. This matter is presently before me upon Superintendent Aylor's motion to dismiss and Plaintiffs motions to amend the complaint. After...
ORDER NORMAN K. MOON , District Judge . For the reasons stated in the accompanying memorandum opinion, Plaintiff's Motion for Summary Judgment (docket no. 65) is GRANTED. Specifically, Plaintiff's Motion is GRANTED with respect to finding that the Defendants have violated the Flowage Easement. However, the Court declines to require the Defendants to affirmatively remedy their obligations by, for example, removing the dock. Instead, the Court will give the Defendants two options: (1)...
ORDER ELIZABETH K. DILLON , District Judge . In accordance with the memorandum opinion entered this day, it is hereby ORDERED that: 1. Defendant's motion to dismiss (Dkt. No. 9) is GRANTED; 2. Plaintiff's complaint (Dkt. No. 2) is DISMISSED without prejudice; 3. Plaintiff's oral request for leave to file an amended complaint is GRANTED; 4. Plaintiff shall file any amended complaint within 21 days of the date of this order; and 5. Defendant shall file any responsive pleading within 14...
MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . Plaintiff Doshay A. Smith, proceeding pro se , sues defendant Conmed Healthcare Management under 42 U.S.C. 1983, claiming that it denied him access to medical care while he was incarcerated. Conmed now moves to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Smith's complaint fails to state a claim upon which relief can be granted. For the following reasons, the court will grant Conmed's motion, but it will...
MEMORANDUM OPINION NORMAN K. MOON , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Appalachian Power Company ("APCO," or "Plaintiff") filed this action on October 3, 2014, pursuant to the Declaratory Judgment Act, 28 U.S.C. 2201 et seq. and the Federal Power Act ("FPA"), 16 U.S.C. 791a et seq. Plaintiff alleges that William Nissen, II and Lora J. Nissen (collectively "Nissens" or "Defendants") are constructing a dock on Smith Mountain Lake that violates APCO's legal rights. The...
MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . Frank Vigil, Jr., a state prisoner proceeding pro se , filed a civil rights complaint pursuant to 42 U.S.C. 1983. Vigil names as defendants Randall Mathena, the former Warden of the Red Onion State Prison ("ROSP"); John Walrach, ROSP's Assistant Warden; and Walter Sweeny, a ROSP Unit Manager. Vigil believes he should not be held in such a high security facility and that he was placed in segregation without due process....
ORDER GLEN E. CONRAD , Chief District Judge . Donell J. Blount, Sr., is a Virginia inmate proceeding pro se as plaintiff in the three above-referenced civil rights actions. The two 2014 cases are scheduled for jury trials in January 2016, and the 2015 case is referred to United States Magistrate Judge Pamela Meade Sargent. Judge Sargent has been engaged for some weeks in preparations for the trials and for a hearing in the 2015 case. The court is now advised, however, that Blount refuses...
ORDER GLEN E. CONRAD , Chief District Judge . In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED that after de novo review of the evidence and a de novo determination of those portions of the report or specified proposed findings or recommendations to which plaintiff has made specific objection, pursuant to 28 U.S.C. 636(b)(1), plaintiff's objections (ECF No. 377) are OVERRULED, and the report and recommendation (ECF No. 365) is ADOPTED in...
