Dalenko v. Stephens et al

Filing 174

JUDGMENT. Signed by Deputy Clerk Jacqueline B. Grady on behalf of Julie Richards Johnston, Clerk of Court, on 7/20/2015. (Grady, B.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CAROL DALENKO, ) ) Plaintiff, ) ) v. ) ) DONALD W. STEPHENS, SHANNON ) R. JOSEPH, SANFORD L. STEELMAN, ) JR., BARBARA A. JACKSON, DONNA ) S. STROUD, ROBERT C. HUNTER, ) JAMES A. WYNN, JR., SAM ERVIN, IV, ) WILLIAM R. PITTMAN, KENNETH C. ) TITUS, ROBERT N. HUNTER, JR., ) F. BLARE WILLIAMS, DONALD E. ) HARRISON and “UNNAMED” PRISON ) OFFICERS AND GUARDS, ) ) Defendants. ) JUDGMENT No. 5:12-CV-122-F Decision by Court. This action came before the Honorable James C. Fox, Senior United States District Judge, for ruling as follows: IT IS ORDERED, ADJUDGED AND DECREED that pursuant to the court’s order dated 1/8/2013 [DE-94], Defendants’ motion to dismiss [DE-41] is ALLOWED, and Plaintiff's claims against Defendants Donald W. Stephens, Shannon R. Joseph, William R. Pittman, Kenneth C. Titus, Sanford L. Steelman, Jr., Barbara A. Jackson, Donna S. Stroud, Robert C. Hunter, James A. Wynn, Jr., Sam Ervin, IV, Robert N. Hunter, Jr., and F. Blare Williams are DISMISSED. IT IS FURTHER ORDERED that pursuant to the court’s order dated 2/27/2014 [DE-125], Defendants’ motion to dismiss [DE-100] is ALLOWED as to all claims asserted against Defendant Harrison, and the claims asserted against unnamed prison guards in their official capacities. It is DENIED as to the § 1983 claim asserted against the three prison guards, in their individual capacity, who responded to the collapse of Plaintiff in her cell. IT IS FURTHER ORDERED that pursuant to the court’s order dated 7/20/2015 [DE-173], Plaintiff's motion to substitute [DE-157] is ALLOWED to the extent that she seeks to name Samuel Baldwin, Meredith Richards, and Linda Smith as Defendants in this action. It is DENIED in all other respects. The motion for summary judgment [DE-149] is ALLOWED, and the Clerk of Court is DIRECTED to close this case. This Judgment Filed and Entered on July 20, 2015, and Copies To: Carol Dalenko (via U.S. Mail) Kathryn H. Shields (via CM/ECF electronic notification) Roger A. Askew (via CM/ECF electronic notification) DATE July 20, 2015 JULIE RICHARDS JOHNSTON, CLERK /s/ Jacqueline B. Grady (By) Jacqueline B. Grady, Deputy Clerk

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