Walsh v. Clarke et al

Filing 39

ORDER dismissing as moot 33 Motion to Dismiss for Failure to State a Claim; granting 24 Motion for Summary Judgment; and this action is stricken from the active docket of the court. Signed by Judge Norman K. Moon on 07/30/2013. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ERIC JOHN WALSH,
Plaintiff,
v.
CLARKE, et al.,
Defendants.

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Civil Action No. 7:12-cv-00587

FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
as follows:
(1) Defendants’ motion for summary judgment (Docket No. 24) is GRANTED; and the
claims against Clarke, Taylor, Edmonds, Booker, and Hunt are DISMISSED without
prejudice due to Walsh’s failure to exhaust administrative remedies as required under
42 U.S.C. § 1997e(a); and
(2) Defendant Espinoza’s motion to dismiss (Docket No. 33) is DISMISSED as moot;
and Walsh’s claims against Espinoza are DISMISSED without prejudice.
(3) The Clerk shall STRIKE this action from the active docket of the court.
The Clerk is directed to send copies of this order and the accompanying memorandum
opinion to the parties.
ENTER: This ____ day of July, 2013.
30th