O'Mara v. Virginia Department Of Corrections

Filing 50

ORDER entered and filed 6/2/17 hereby adopting and approving in full the findings and recommendations set for in the U.S. Magistrate Judge's 49 Report and Recommendation filed May 15, 2017, as outlined. Accordingly, Defendant's 33 Mot ion for Summary Judgment filed on February 23, 2017 is DENIED, and Plaintiff's 40 Motion to Strike Defendant's Motion for Summary Judgment is DENIED, as outlined. (See Order for Specifics) (Signed by Chief District Judge Rebecca Beach Smith on 6/2/17). Copies provided as directed 6/2/17. (ecav, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division DANIELLE L. KRANER O'MARA, Plaintiff/ V. Case No. 2:16cv489 VIRGINIA DEPARTMENT OF CORRECTIONS, Defendant. ORDER This matter comes before the court on defendant's Motion for Summary Judgment (ECF No. 33) filed on February 23, 2017, and plaintiff's Motion to Strike Defendant's Motion for Summary Judgment (ECF No. 40) filed March 30, 2017. The matters were referred to a United States Magistrate Judge by Order of March 16, 2017 (ECF No. 38), and by Order of April 6, provisions of 28 U.S.C. Procedure 72(b), to 2017 (ECF No. ยง 636(b)(1)(B) conduct 44), pursuant to the and Federal Rule of Civil hearings, including evidentiary hearings, if necessary, and to siabmit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the matters. A hearing on both motions took place on April 21, 2017, and the United States Magistrate Judge's Report and Recommendation (ECF No. 49) was filed on May 15, 2017 . The Magistrate Judge recommended that the court deny defendant's Motion for Suiranary Judgment, and also deny plaintiff's Motion to Strike Defendant's Motion for Summary Judgment. By copy of the Report and Recommendation of the Magistrate Judge, the parties were advised of objections thereto. their right to file written The court has received no objections to the Magistrate Judge' s Report and Recommendation, and the time for filing same has expired. The court does hereby adopt and approve in full the recommendations findings and set forth in the Report and Recommendation of the United States Magistrate Judge filed May 15, 2017. Accordingly, DENIED, defendant's Motion for Summary Judgment and plaintiff's Motion to Strike Defendant's Motion is for Summary Judgment is DENIED. The Clerk shall forward a copy of this Order to all parties of record. I t is so ORDERED. Isl Rebecca Beach Smith -m- Chief Judge REBECCA BEACH CHIEF June 2017 JUDGE SMITH

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