Shelton v. Danville Police Dept. et al

Filing 37

ORDER dismissing 16 Motion for Release of Surveillance Tape; granting 22 Motion to Dismiss for Failure to State a Claim. Clerk is directed to remove case from active docket of the Court. Signed by Judge Jackson L. Kiser on 5/8/2012. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
CHARLES MICHAEL SHELTON,
Plaintiff,
v.
DANVILLE POLICE DEPT., OFFICER
ROBBIE PAYNE, S. OAMAR, and
SPEED WAY MART,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No.: 4:11-cv-00045
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me is Defendant Danville Police Dept.’s (“DPD”) and Defendant Officer Robbie
Payne’s (“Payne”) Motion to Dismiss (“the Motion”) [ECF No. 23]. For the reasons stated in the
accompanying Memorandum Opinion, I will GRANT the Motion and DISMISS DPD and
Payne from this action. Pursuant to Rule 12, however, dismissing the government entities
divests this Court of jurisdiction over the remaining parties. Therefore, I will also DISMISS
Defendants Qamar and Speed Way Mart, and DISMISS this action in its entirety. All other
pending motions are likewise DISMISSED.
The Clerk is directed to send a copy of this Order and the accompanying Memorandum
Opinion to all counsel of record and to all pro se parties.
Entered this 8th day of May, 2012.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE