Loney v. Biddle
Filing
8
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 09/24/2014. Copy mailed to Plaintiff. (walk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
KIRK LONEY,
Plaintiff,
V.
Civil Action No. 3:14-cv-00483-JAG
MATHEWBIDDLE,
Defendant.
MEMORANDUM OPINION
This matter is before the Court on the plaintiffs motion to reinstate his case to the active
docket. For the reasons below, the Court denies plaintiffs motion to reinstate.
The plaintiffs original complaint' included claims of:
fraudulent concealment of an action; deprivation of a right to receive a continuity
in medical treatment, denial of the right to receive medical records which is
medical malpractice caused by Mathew Biddle acting in concert with others in the
violating of Plaintiffs Civil Rights under 42 USC ยง 1983 and Constitutional
Rights under the Fourteenth Amendment's Right to receive 'due process' and
'equal protection' of the law. And, also, amounts to violation of Plaintiff Eighth
Amendment's rights to be free of 'cruel and unusual punishment' under the U.S.
Constitution.
(Dk. No. 3-1 atH 19.)
The Court dismissed the plaintiffs claims for failure to state a claim upon which relief
can be granted. Federal Rule of Civil Procedure 12(b)(6). (Dk. No. 5.) The Court will treat the
current motion as a motion under Federal Rule of Civil Procedure 60.^
' The Court notes that Loney appears pro se and is mindful that courts must liberally construe the
pleadings ofpro se parties. See Gordon v. Leeke, 574 F.2d 1147, 1151-52 (4th Cir.) cert, denied,
439 U.S. 970, 99 S.Ct. 464, 58 L.Ed.2d 431 (1978); Coleman v. Peyton. 340 F.2d 603, 604 (4th
Cir. 1965).
^ The plaintiff states he is filing his motion to reinstate pursuant to Federal Rule of Civil
Procedure 7. His reliance is misplaced.
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