Barnes v. Young et al

Filing 40

ORDER granting in part and denying in part 24 Motion to Dismiss for Failure to State a Claim; defendants Osborne, Hopkins and Yates are DIRECTED to FILE a motion for summary judgment within thirty days of the entry of this order. Signed by Judge Norman K. Moon on 3/18/2013. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
PORFIRO BARNES,
Plaintiff,
v.
S.K. YOUNG, et al.,
Defendants.

)
)
)
)
)
)
)

Civil Action No. 7:12cv00067
ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that defendants’ motion to dismiss (docket no. 24) is GRANTED in part and DENIED in part;
the motion is granted as to Barnes’s Americans with Disabilities Act and Rehabilitation Act
claims against Dr. Hopkins; however, the motion is denied as to Barnes’s retaliation claim
against Nurse Osborne and Barnes’s Eighth Amendment claims against Dr. Hopkins and Nurse
Yates. In accordance with Standing Order No. 2011-18, defendants Osborne, Hopkins and Yates
are DIRECTED to FILE a motion for summary judgment, supported by affidavits, addressing
the merits of Barnes’s retaliation and Eighth Amendment claims within thirty days of the entry
of this order.
The Clerk of the Court is directed to send a copy of this order and accompanying
memorandum opinion to the parties.
ENTER: This 18th day of March, 2013.