Harding v. Aylor et al

Filing 26

ORDER granting in part and denying in part 9 Motion to Dismiss; granting 19 Motion for Protective Order; John Doe and Jane Doe are TERMINATED as defendants; Superintendent Aylor shall FILE a motion for summary judgment supported by affidavits within thirty days of this Order's entry. Signed by Judge Norman K. Moon on 9/4/2015. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MICHAEL WAYNE HARDING,
Plaintiff,
v.
FLOYD G. AYLOR, et al.,
Defendants.

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Civil Action No. 7:14cv00302
ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that Superintendent Aylor’s motion for a protective order (Docket No. 19) is GRANTED;
Superintendent Aylor’s motion to dismiss (Docket No. 9) is DENIED in part as to the claim
about the delivery of toilet paper and is GRANTED in part as to all other claims against
Superintendent Aylor; claims against defendants John Doe and Jane Doe are dismissed without
prejudice for failing to state a claim upon which relief may be granted, pursuant to 28 U.S.C.
§ 1915A(b)(1); defendants John Doe and Jane Doe are TERMINATED as defendants; and
Superintendent Aylor shall FILE a motion for summary judgment supported by affidavits within
thirty days of this Order’s entry pursuant to Standing Order 2013-6.
The Clerk shall send copies of this order and the accompanying memorandum opinion to
the parties.
4th
ENTER: This ____ day of September, 2015.