Willoughby v. Commonwealth of Virginia et al

Filing 21

MEMORANDUM OPINION. See for complete details. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 09/20/2017. (mailed copy to pro se Plaintiff) (nbrow)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MIKE M. WILLOUGHBY,
Plaintiff,
V.

Civil Action No. 3:16cv784

COMMONWEALTH OF VIRGINIA, et al..
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on two motions to dismiss Plaintiff Mike M.

Willoughby's Amended Complaint: (1) Defendants Danny A. Ojibway and J.D. Bemacki's
Motion to Dismiss (the "Officers' Motion to Dismiss"), (ECF No. 13); and, (2) Defendant

Commonwealthof Virginia's Motion to Dismiss (the "Commonwealth Motion to Dismiss"),

(ECF No. 15), (collectively, the "Motions to Dismiss").* The Officers' Motion to Dismiss was

filed pursuant toFederal Rule ofCivil Procedure 12(b)(6),^ and the Commonwealth Motion to

Dismiss was filed pursuant to Federal Rules ofCivil Procedure 12(b)(l)^ and 12(b)(6).
Willoughby did not respond to either of the Motions to Dismiss, and the time to do so has

expired. The Court dispenses with oral argument becausethe materials before it adequately
present the facts and legal contentions, and argument would not aid the decisional process. The

*Both Motions to Dismiss provided Willoughby with appropriate notice pursuant to
Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975). {See ECF Nos. 13,15.)

^Rule 12(b)(6) provides thata party may move to dismiss a complaint for "failure to state
a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6).

^"[A] party may assert the following defense[] bymotion: (1) lack of subject-matter
jurisdiction." Fed. R. Civ. P. 12(b)(1).