Stokes v. Commonwealth of Virginia Department of Corrections

Filing 38

ORDER (1) that plaintiff's objections to 34 Report and Recommendations are overruled; (2) the 34 Report and Recommendation of the Magistrate Judge is ADOPTED on the basis of the reasoning of the Report and Recommendation; (3) the Defendants& #039; 30 Second Motion to Dismiss is denied as to the plaintiff's claim in the Complaint as to retaliatory refusal to rehire. The Defendant's 30 Second Motion to Dismiss is granted as to all other claims in the Complaint. The issues are adequately addressed by the briefs and oral argument would not materially aid the decisional process. An initial pretrial conference shall be held on 09/22/2011 at 9:30 a.m. unless the parties file by 09/12/2011 a consent to have the matter presided over by the Magistrate Judge. It is so ORDERED. Signed by District Judge Robert E. Payne on 08/12/2011. Copy mailed to plaintiff. (walk, )