Kneer v. Dr. Stairs et al

Filing 45

MEMORANDUM OPINION & ORDER- ORDERED that defendants Nurse Hudgens and Dr. Stairs are DISMISSED from this civil matter, without prejudice pursuant to Fed. R. Civ. P. 4(m), and defendants Nurse Wise and Medication Aide Rivas's Motion for Summary Judgment 34 is GRANTED, and it is hereby ORDERED that judgment be and is entered in favor of Defendants Wise and Rivas. Signed by District Judge T. S. Ellis, III on 2/14/2017. (dest ) (copy sent as directed in the order)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Stephen Kneer,
Plaintiff,

I:15cv619 (TSE/IDD)

V.

Dr. Stairs, ^ ah,
Defendants.

MEMORANDUM OPINION & ORDER

Stephen Kneer, a Virginia inmate proceeding pro se, filed this civil rights action, pursuant
to 42 U.S.C. § 1983, alleging that defendants showed deliberate indifference to his serious medical

needs at Riverside Regional Jail ("Riverside"). Defendants, Nurse Glenn Wise and Medication

Aide Sonja L. Rives, have now filed a Motion for Summary Judgment, as well as a memorandum

oflaw and supporting exhibits.' Dkt. Nos. 34-35. Plaintiff was given the Notice required by
Local Rule 7(K)and the opportunity to file responsive materials pursuant to Roseboro v. Garrison.

528 F.2d 309 (4th Cir. 1975). Plaintiff filed an unverified response.^ Dkt. No. 41. For the
reasons that follow, defendants' Motion for Summary Judgment must be granted.

' By Order dated February 2, 2016, defendants Nurse Hudgens and Dr. Stairs were sent a
Notice of Lawsuit and Waiver of Service of Summons. Dkt. No. 13. In addition, plaintiff was
notified that, if the court was unable to effect service on any defendant within 120 days of the
complaint being filed, thatdefendant would be dismissed without prejudice. Id The Waivers of
Service of Summons sent to these defendants were returned to the court unexecuted because they
no longer work for the medical care provider at Riverside. Dkt. No. 16. Pursuant to Rule 4(m)
of the Federal Rules of Civil Procedure, these defendants must be dismissed because the court was

unable to effect service on these defendants within 120 days of the complaint being filed.

^ In the Roseboro notice, plaintiffwas informed that he "must set forth [his] version ofthe
facts by offering affidavits (written statements signed before a notary public and under oath) orby
filing sworn statements (bearing a certificate that it is signed under penalty of peijury)."