Smith v. Hardy et al

Filing 50

ADOPTING IN PART REPORT AND RECOMMENDATIONS 47 ; granting in part 36 Motion to Amend/Correct; granting 23 Motion to Dismiss for Failure to State a Claim; denying 30 Motion to Dismiss for Failure to State a Claim; Tiffin L. Smith has thirty (3 0) days to file one amended complaint clarifying his factual allegations against Officer Richard Caligiuri and setting forth the factual basis for his failure-to-protect claim against Officer J. Lotts, Sergeant C. J. Mundy, and Corporal C. Woods. Signed by District Judge Michael F. Urbanski on 9/21/2015. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TIFFIN L. SMITH,
Plaintiff,
v.
SHERIFF CHIP HARDY, et al.,
Defendants.

)
)
)
) Civil Action No. 7:14cv00477
)
)
) By: Michael F. Urbanski
)
United States District Judge
)
)
ORDER

For the reasons set forth in the accompanying Memorandum Opinion entered this day, the
court ADOPTS in part and DENIES in part the report and recommendation (ECF No. 47),
OVERRULES Officer Caligiuri’s objections (ECF No. 48), DENIES Officer Caligiuri’s motion to
dismiss (ECF No. 30), GRANTS Sherriff Harding and ACRJ’s motion to dismiss (ECF No. 23),
and GRANTS in part Tiffin L. Smith’s motion to amend (ECF No. 36). Smith has thirty (30) days
to file one (1) amended complaint clarifying his factual allegations against Officer Richard Caligiuri
and setting forth the factual basis for his failure-to-protect claim against Officer J. Lotts, Sergeant C.
J. Mundy, and Corporal C. Woods.
Entered: September 21, 2015

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge