Davis v. Sample et al

Filing 35

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 6/26/15. 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,
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 Defendant Officer Sample denied him

adequate medical care during his incarceration in the Riverside Regional Jail ("RRJ").^ The
matter is before the Court on Defendant's Motion for Summary Judgment. Although Defendant

provided Davis with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) notice, Davis has not
responded. For the reasonsthat follow, the Motion for Summary Judgment will be GRANTED.

' 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.

^By Memorandum Opinion and Order entered February 3, 2015, the Court dismissed
Defendant Elliott from the action because Davis failed to effectuate timely service on her and
dismissed Claim Two against Defendant Sample.