Stokes v. Commonwealth of Virginia Department of Corrections

Filing 56

ORDER granting 47 Motion for Summary Judgment; denying 49 Motion to Continue Complaint; adopting Report and Recommendations re 53 Report and Recommendations; 54 Response is overruled. The Complaint is DISMISSED WITH PREJUDICE and this action is closed. See Order for complete details. This Order may be appealed by the Plaintiff. Any appeal from this decision must be taken by filing a written notice of appeal with the Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a timely notice of appeal may result in the loss of the right to appeal. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/24/12. Copy sent: Yes to Plaintiff and counsel of record. (tdai, )

IN THE UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

MILLIS STOKES,

Plaintiff,
v.

Civil Action No.

3:10cv370

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS,
Defendant.

ORDER

By

Order

DEFENDANTS'

entered

MOTION

herein

FOR

on

SUMMARY

December
JUDGMENT

8,

2011

{Docket

the
No.

pending
47)

and

PLAINTIFF'S MOTION TO SUPPORT THE CONTINUED COMPLAINT AGAINST THE

COMMONWEALTH OF VIRGINIA {Docket No. 49) were referred to Magistrate
Judge M. Hannah Lauck for report and recommendation.

Having reviewed the REPORT AND RECOMMENDATION of the Magistrate
Judge

(Docket

PLAINTIFF'S

No.

MOTION

53)
IN

entered herein
RESPONSE

TO THE

on August
REPORT

AND

ISSUED BY U.S. MAGISTRATE JUDGE M. HANNAH LUACK,

17,

2012,

the

RECOMMENDAITON

DATED AUGUST 17,

2012, TO SUPPORT THE CONTINUED COMPLAINT AGAINST THE COMMONWEALTH

OF

VIRGINIA,

DEFENDANT'S

DEPARTMENT
REPLY

TO

OF

CORRECTIONS

PLAINTIFF'S

{Docket

No.

RESPONSE/OBJECTIONS

54),

the

TO

THE

MAGISTRATES [sic] REPORT AND RECOMMENDAITON (Docket No. 55), and
having considered the record and the REPORT AND RECOMMENDATION and

finding no error therein, it is hereby ORDERED that:

(1)

The

PLAINTIFF'S

MOTION

IN

RESPONSE

TO

THE

REPORT

AND

RECOMMENDAITON ISSUED BY U. S. MAGISTRATE JUDGE M. HANNAH LAUCK, DATED

AUGUST

17,

2012,

TO SUPPORT THE CONTINUED COMPLAINT AGAINST THE

COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS (Docket No. 54),
is overruled;

(2)

The

REPORT

AND

RECOMMENDATION

of

the

Magistrate

Judge

(Docket No. 53) is ADOPTED on the basis of the reasoning of the REPORT
AND RECOMMENDATION;

(3) The DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docket No. 47)
is granted;
(4) The PLAINTIFF'S MOTION TO SUPPORT THE CONTINUED COMPLAINT

AGAINST THE COMMONWEALTH OF VIRGINIA (Docket No.

49) is denied; and

(5) The Complaint is dismissed with prejudice and this action
is

closed.

The issues are adequately addressed by the briefs and oral
argument would not materially aid the decisional process.

This Order may be appealed by the plaintiff] .

Any appeal from

this decision must be taken by filing a written notice of appeal with

the Clerk of the Court within thirty (30) days of the date of entry
hereof.

Failure to file a timely notice of appeal may result in the

loss of the right to appeal.
It

is

so ORDERED.

/s/

Robert E. Payne

fisf

Senior United States District Judge
Richmond, Virginia

Date:

September >^, 2012