Wilson v. Tincher et al

Filing 46

ORDER denying 34 Motion for Summary Judgment; granting Nurse Payne's 37 Motion to Dismiss for Failure to State a Claim; denying in part 27 Motion for Summary Judgment in part as to the claim against Lt. Tincher about the Oleoresin Capsic um spray used in his presence and is GRANTED in part asto all other claims against Lt. Tincher, Warden Wright, Sgt. Lundy, and Grievance Counselor Walls; Warden Wright, Sgt. Lundy, Grievance Counselor Walls, and Nurse Payne areTERMINATED as defendant s. In accordance with Standing Order 2013-6, Lt. Tincher shall FILE a motion for summary judgment within thirty days that addresses the merits of the remaining claim andexhaustion of administrative remedies. Signed by Judge Norman K. Moon on 2/18/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DUSTIN C. WILSON,
Plaintiff,
v.
LT. TINCHER, et al.,
Defendants.

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Civil Action No. 7:15cv00134
ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that Nurse Payne’s motion to dismiss (Docket No. 37) is GRANTED; the other defendants’
motion for summary judgment (Docket No. 27) is DENIED in part as to the claim against Lt.
Tincher about the Oleoresin Capsicum spray used in his presence and is GRANTED in part as
to all other claims against Lt. Tincher, Warden Wright, Sgt. Lundy, and Grievance Counselor
Walls; Warden Wright, Sgt. Lundy, Grievance Counselor Walls, and Nurse Payne are
TERMINATED as defendants; Wilson’s motion for summary judgment (Docket No. 34) is
DENIED; and in accordance with Standing Order 2013-6, Lt. Tincher shall FILE a motion for
summary judgment within thirty days that addresses the merits of the remaining claim and
exhaustion of administrative remedies.
The Clerk shall send copies of this order and the accompanying memorandum opinion to
the parties.
ENTER: This ____ day of February, 2016.
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