Keystone v. Hinkle, et al

Filing 93

ORDER ADOPTING REPORT AND RECOMMENDATIONS 92 ; granting 77 Motion for Summary Judgment; Denied Motion for Reconsideration 91 ; and this matter is STRICKEN from the active docket of the court. Signed by Judge Norman K. Moon on 12/19/2016. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
RANDALL J. KEYSTONE,
Plaintiff,
v.
G.M. HINKLE, et al.,
Defendants.

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Civil Action No. 7:15cv00553
FINAL ORDER ADOPTING
REPORT AND RECOMMENDATION
By: Norman K. Moon
United States District Judge

Randall J. Keystone, a Virginia inmate proceeding pro se, filed a civil rights action
pursuant to 42 U.S.C. § 1983, alleging that the defendants have been deliberately indifferent to a
substantial risk of serious harm by subjecting him to bad air in his cell. Defendants filed a
motion for summary judgment and I referred the matter to United States Magistrate Judge
Pamela Meade Sargent for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).
The Magistrate Judge subsequently filed a report, finding that Keystone’s only claims that are
properly exhausted are barred by the statute of limitations. Accordingly, the Magistrate Judge
recommends that I grant defendants’ motion for summary judgment. Neither party has filed
objections to the Report and Recommendation within the time allotted. Having reviewed the
Magistrate Judge’s Report and Recommendation and pertinent portions of the record, I agree
with the Magistrate Judge’s recommendation.
Accordingly, it is hereby ORDERED and ADJUDGED that the Magistrate Judge’s
Report and Recommendation (Docket No. 92) is ADOPTED in its entirety; defendants’ motion
for summary judgment (Docket No. 77) is GRANTED; and this matter is STRICKEN from the
active docket of the court.1

1

Keystone has also filed a motion for reconsideration (Docket No. 91) of my order (Docket No. 89)
adopting the Magistrate Judge’s Report and Recommendation that concerned Keystone’s motions seeking
preliminary injunctive relief. Having reviewed Keystone’s motion and pertinent portions of the record, I remain

The Clerk of the Court is directed to send a copy of this order to the parties.
19th
ENTER: This _____ day of December, 2016.

convinced that the Report and Recommendation was properly adopted.
reconsideration (Docket No. 91) is DENIED.

Accordingly, Keystone’s motion for