Delk v. Younce et al

Filing 99

ORDER granting 67 Motion for Summary Judgment as to Delks claims under the First Amendment to access of the grievance process and his RLUIPA claim for damages. It is DENIED in all other respects; Defendants Messer, Parr, Robinson, Mullins, and Biv ens terminated; Plaintiffs conspiracy claim is DISMISSED; The protective order against discovery dkt. 72 in this case is VACATED; Plaintiff shall have 21 days from the entry of this order to submit all discovery requests related to his remaining cl aims to defendants counsel. Defendants shall have 30 days thereafter to respond; All outstanding discovery requests are deemed in operation; Defendants have until 51 days from the date of this order to respond. Signed by Judge Norman K. Moon on 3/31/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
STEVEN R. DELK,
Plaintiff,
v.
MICHAEL C. YOUNCE, et al.,
Defendants.

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Civil Case No. 7:14cv00643
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. 67) is GRANTED as to Delk’s
claims under the First Amendment to access of the grievance process and his RLUIPA
claim for damages. It is DENIED in all other respects, but without prejudice to Defendants
right to file a renewed summary judgment motion after discovery.

2.

The Clerk shall TERMINATE Messer, Parr, Robinson, Mullins, and Bivens as defendants.

3.

Plaintiff’s conspiracy claim is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii).

4.

The protective order against discovery (dkt. 72) in this case is VACATED.

5.

Plaintiff shall have twenty-one days from the entry of this order to submit all discovery
requests related to his remaining claims to defendants’ counsel. Defendants shall have
thirty days thereafter to respond to Delk’s new requests.

All outstanding discovery

requests propounded by Plaintiff are now deemed in operation. Defendants have until
fifty-one days from the date of this order to respond.
6.

Pursuant to this court’s Standing Order No. 2013-6, defendants are DIRECTED to file a
motion for summary judgment supported by affidavit(s) and other record evidence within
seventy days of this order’s entry.

7.

Delk shall have twenty-one days thereafter to file a response to defendants’ motion for
summary judgment, and defendants shall have seven days thereafter to reply. Pursuant to
Local Civil Rule 11(c)(1), no other replies will be considered without leave of court.

8.

The Clerk shall send a copy of this order to the parties.
31st
ENTER: This _____ day of March, 2016.