Oliver v. Virginia Department Of Corrections et al

Filing 42

ORDER denying as moot 34 Motion for Summary Judgment; granting 39 Motion ; granting 14 Motion for Summary Judgment; granting 20 Motion to Dismiss; denying as moot 21 Motion for Summary Judgment. Signed by Judge Norman K. Moon on 4/6/2010. (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CH A R LO T T E SV ILLE DIVISION

MILD RE D OLIVER, Plaintiff, v. VIRG IN IA DEPARTMENT OF CO RRE CT IO N S, ET AL.,

CIV IL ACTION NO. 3:09-CV-00056

ORDER

JU D G E NORMAN K. MOON Defendants.
For the reasons stated in the accompanying memorandum opinion, defendants' motion for summary judgment (docket no. 14) on the ground that plaintiff failed to exhaust all available administrative remedies is hereby GRANTED, plaintiff's motion for summary judgment (docket no 21 ) is DENIED as MOOT, and defendants' cross-motion for summary judgment is DENIED as MO O T. Additionally, as noted in the accompanying memorandum opinion, plaintiff's motion to dismiss (docket no. 20) one of her claims without prejudice is GRANTED, and the parties' joint motion to supplement the record (docket no. 39) is GRANTED. Any other pending motions are D EN IED as MOOT, and the case is STRICKEN from the court's active docket.* The Clerk of the Court is directed to send a certified copy of this order and the accompanying memorandum opinion to all counsel of record. It is so ORDERED.

6th Entered this _____ day of April, 2010.

Given that the facts and legal contentions are adequately presented in the material before me, oral argument w o u l d not aid the decisional process, and the hearing scheduled for April 8, 2010, is canceled.

*