Rutledge v. Town of Chatham, Virginia et al

Filing 58

ORDER granting 33 Motion to Dismiss; denying 52 Motion to Amend. Case dismissed WITH PREJUDICE. Signed by Judge Jackson L. Kiser on 11/18/10. (ham)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION MERLE T. RUTLEDGE, JR., Plaintiff v. TOWN OF CHATHAM, ET AL. Defendants ) ) ) ) ) ) ) ) ) 4:10CV00035 ORDER By: Jackson L. Kiser Senior United States District Judge

Before me are Defendant Officer Nathan Roach's Motion to Dismiss and Plaintiff Merle Rutledge, Jr.'s Motion to Amend. Mot. to Dismiss, Sept. 29. 2010, ECF No. 33; Mot. to Amend, Oct. 27, 2010, ECF No. 52. A Roseboro notice was mailed to the pro se Plaintiff on September 30th, 2010. Roseboro Notice, Sept. 30, 2010, ECF No. 39. The Court conducted a hearing on these two motions on November 16th, 2010. For the reasons explained in the Memorandum Opinion that accompanies this Order, the Plaintiff's Motion to Amend is DENIED and the Defendant's Motion to Dismiss is GRANTED. The dismissal is WITH PREJUDICE. Entered this 18th day of November, 2010.

s/Jackson L. Kiser Senior United States District Judge