Garibaldi v. Vallsis et al

Filing 25

MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 12/12/2018. (acha, )

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

Antonio C. Garibaldi,
Plaintiff,
V.

Dr. Villasis and Dr. Haydu,
Defendants.

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l:17cvl000(AJT/TCB)

MEMORANDUM OPINION

Antonio C. Garibaldi, a Virginia inmate proceeding pro se,filed this civil rights action
pursuant to 42 U.S.C, § 1983, alleging that he suffered deliberate indifference to his serious

medical needs with regard to dental care he received at Virginia Beach Correctional Center

("VBCC"). The matter is presently before the Court on an unopposed Motion for Summary
Judgment filed jointly by defendants Juan Villasis, D.D.S., and James Haydu, D.D.S. For the
reasons which follow, the Motion for Summary Judgment will be granted.
I. Background

Plaintiff commenced this lawsuit in September,2017, alleging that dental care provided

to him at VBCC by Drs. Villasis and Haydu violated his rights under the Eighth Amendment.'
Because the initial complaint was not signed. Garibaldi was directed to submit a copy bearing his
signature, in accordance with Rule 11, and he submitted a signed Amended Complaint on

October 24,2017.[Dkt. No. 5] Briefly, Garibaldi alleges in the Amended Complaint that in
December,2016, he was placed on antibiotics because one of his teeth had become decayed and

infected. Id. §IV p.l. A lump developed over his eye and a medical doctor prescribed a different

'Plaintiff noticed a change ofaddress to Nottoway Correctional Center in October,2018.[Dkt.
No. 24]