Kelly v. Jamaludeen et al

Filing 30

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/13. Copies Mailed : Yes(mful, )

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

DK. I8 2013

Richmond Division

CLtRK, U.S. DISTRICT COURT
RICHMOND, VA

ANDREW KELLY,
Plaintiff,
v.

Civil Action No.

3:12CV74

ABDUL JAMALUDEEN, et al.,
Defendants.

MEMORANDUM OPINION

Andrew Kelly, a Virginia prisoner proceeding pro se and in

forma pauperis,

filed this 42 U.S.C.

§ 19831 complaint.

The

matter is before the Court on Sheriff Kenneth W. Stolle's Motion

to Dismiss

{ECF No.

15)

and Dr'.

Abdul Jamaludeen's and Nurse

Donald Sadler's Motion for Summary Judgment.
Defendants

provided

(ECF Nos.

17,

27.)

Kelly

with

appropriate

(ECF No.
Roseboro2

Kelly has not responded.

28.)

notice.

For the reasons

set forth below, the Court will grant the Motion to Dismiss and
the Motion for Summary Judgment.

That statute provides, in pertinent part:

Every

person

who,

under

color

of any statute

... of any State . . . subjects, or causes to be
subjected, any citizen of the United States or other
person

within

the

jurisdiction

deprivation of any rights,

thereof

privileges,

secured by the Constitution and laws,

to

the

or immunities

shall be liable

to the party injured in an action at law ....
42 U.S.C.

§

1983.

2 Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).

IP

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