Cadmus v. Williamson et al

Filing 67

ORDER adopting 56 Report and Recommendations; denying 64 Motion for to Stay; granting 14 Motion to Dismiss for Failure to State a Claim - dismissing claims with prejudice and without prejudice as set for in said order; dismissing with prejudi ce 22 Motion to Dismiss; granting 25 Motion to Dismiss for Failure to State a Claim - dismissing claims with prejudice and without prejudice as set for in said order; granting in part and denying in part 29 Motion to Amend/Correct - 14 days to file amended complaint. Signed by District Judge Michael F. Urbanski on 3/9/201. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
RICHARD R. CADMUS, Jr.,
Plaintiff,

v.
ROBERT T. WILLIAMSON, et al.,
Defendants

)
)
)
)
)
)
)
)
)
)

Civil Action No. 5:15-CV-045

By:

Michael F. Urbanski
United States District Judge

ORDER
For the reasons stated in the accompanying Memorandum Opinion entered this day, the
court makes the following findings:
1. The court ADOPTS the report and recommendation (ECF No. 56) to the extent

consistent with this opinion.
2. The court GRANTS Williamson's motion to dismiss the original complaint (ECF
No. 14). All claims for monetary damages alleged against Williamson in his official
capacity are DISMISSED with prejudice. Claims for injunctive relief alleged
against Williamson in his official capacity are DISMISSED without prejudice.
Clrums for monetary damages alleged against Williamson in his individual capacity
are also DISMISSED without prejudice.
3. The court GRANTS Nicholson's motion to dismiss the original complaint (ECF
No. 25). All claims for monetary damages alleged against Nicholson in his official
capacity are DISMISSED with prejudice. Claims for injunctive relief alleged
against Nicholson in his official capacity are also DISMISSED without prejudice.

1

.'

i

Claims for monetary damages alleged against Nicholson in his individual capacity are

DISMISSED without prejudice.
4. The court GRANTS Cook's motion to dismiss the original complaint (ECF No. 22).
All claims alleged against Cook in either her official or individual capacity are

DISMISSED with prejudice.
5. The court GRANTS in part and DENIES in part Cadmus' motion to amend
(ECF No. 29). Cadmus may ftle an amended complaint within fourteen (14) days,
asserting any claim not dismissed with prejudice.

6. The court DENIES Cadmus' motion to stay consideration of the report and
recommendation, to conduct jurisdictional discovery, and to compel disclosure of
the identities of unnamed, "John Doe" defendants (ECF No. 64).

It is SO ORDERED.
Entered:

{)3- 09- 2..-o( ~

1~1 'PI~~d f: Zt,~

Urbans~

Michael F.
United States District Judge

2