Kelvin Canada v. Lieutenant Rountree

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [999749493-2], denying Motion for other relief [999692044-2]; denying Motion to schedule oral argument [999713119-2] Originating case number: 2:13-cv-00013-HCM-TEM Copies to all parties and the district court/agency. [999837126]. Mailed to: Canada. [15-7591]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7591

KELVIN A. CANADA,
Plaintiff - Appellant,
v.
LIEUTENANT ROUNTREE; WILLIAM C. LANE, Lieutenant; CAPTAIN
WHITEHEAD; J. MAYO, Officer; OFFICER GOODRICH; OFFICER
BAINES; OFFICER ASKEW; OFFICER ADAMS; M. WOODRUFF, Nurse; L.
O’NEAL, Nurse,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Henry Coke Morgan, Jr.,
Senior District Judge. (2:13-cv-00013-HCM-TEM)

Submitted:

February 26, 2016

Decided:

May 31, 2016

Before NIEMEYER, AGEE, and HARRIS, Circuit Judges.

Affirmed in part; vacated and remanded in part by unpublished
per curiam opinion.

Kelvin A. Canada, Appellant Pro Se.
Margaret Hoehl O’Shea,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richard Carson
Vorhis, Senior Assistant Attorney General; Elizabeth Martin
Muldowney, RAWLS, MCNELIS & MITCHELL, PC, Richmond, Virginia,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kelvin A. Canada, a Virginia inmate, appeals the district
court’s

order

denying

relief

on

his

42

U.S.C.

§ 1983

(2012)

complaint alleging excessive force and deliberate indifference
to a serious medical need.

The district court granted summary

judgment to all the Defendants, with the exception of Nurse L.
O’Neal, who was never located and therefore dismissed without
prejudice.
judgment

We
de

inferences

review

novo,

2011).

district

viewing

therefrom

nonmoving party.

the

in

the

the

court’s

facts

light

grant

and

most

of

the

summary

reasonable

favorable

to

the

Bonds v. Leavitt, 629 F.3d 369, 380 (4th Cir.

We have reviewed the record and find no reversible error

regarding the grant of summary judgment to Nurse M. Woodruff.
Accordingly, we affirm for the reasons stated by the district
court, for this portion of the district court’s order.

See

Canada v. Rountree, No. 2:13-cv-00013-HCM-TEM (E.D. Va. Sept.
21, 2015).
With

regard

to

the

remaining

Defendants,

except

for

L.

O’Neal, we vacate the district court’s order granting summary
judgment and remand for review of the videotape evidence sought
by

Plaintiff

excessive

Kelvin

force

Canada.

claim,

we

Given
are

unable

appellate review on the present record.
with

instructions

that

Canada’s
2

the
to

nature

of

conduct

Canada’s
effective

Accordingly, we remand

motion

for

discovery

of

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videotape evidence be granted, so that the district court may
consider the case with all relevant evidence before it.

See

McMillian v. Wake Cty. Sheriff’s Dep’t, 399 F. App’x 824, 829
(4th

Cir.

2010)

(remanding

for

consideration

of

videotape

evidence in excessive force case against prison officials).
Canada

also

has

schedule

filed
oral

motions

discovery,

to

argument,

evidence.

Those motions are denied.

with
and

this
for

court
prima

for
facie

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED IN PART;
VACATED AND REMANDED IN PART

3