Davis v. Sample et al

Filing 29

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/3/15. Copy sent: Yes(tdai, )

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

WILLIE UNIQUE DAVIS,
Plaintiff,

V.

Civil Action No. 3:13CV272

NICK SAMPLE, e/fl/.,
Defendants.

MEMORANDUM OPINION

Willie Unique Davis, a former Virginia inmate proceeding pro se and informa pauperis,

filed this 42 U.S.C. § 1983 action,' Davis contends that Defendants Officer Sample and Nurse
Elliott denied him adequate medical care during his incarceration in the Riverside Regional Jail

("RRJ"). The matter is before the Court on Davis's failure to serve Defendant Elliott and
Defendant Sample's Motion to Dismiss. For the reasons stated below, the Court will GRANT

Defendant Sample's Motion to Dismiss (ECF No. 21) with respect to Claim Two and will DENY
the Motion to Dismiss with respect to Claim One. The Court will DISMISS WITHOUT
PREJUDICE the action against Defendant Elliott.

' The 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 thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law....

42 U.S.C. § 1983.