Peterson v. Darasdale et al

Filing 40

ORDER denying 33 Motion for Summary Judgment; denying 16 Motion to Amend/Correct; granting 17 Motion for Summary Judgment; denying 23 Motion for Default Judgment ; granting 28 Motion for Protective Order; The clerk shall STRIKE this action from the active docket of the court. Signed by Magistrate Judge Robert S. Ballou on 3/31/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TROY PETERSON,
Plaintiff,
v.
EARL R. BARKSDALE, ET AL.,
Defendant(s).

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CASE NO. 7:16CV00146

FINAL ORDER
By: Robert S. Ballou
United States Magistrate Judge

In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED
AND ORDERED as follows:
1.

Peterson’s motion for leave to file an amended complaint, motion for
default judgment, and motion for summary judgment (ECF Nos. 16, 23,
and 33) are DENIED;

2.

Defendants’ motion for protective order and motion for summary
judgment (ECF Nos. 17 and 28) are GRANTED; Peterson’s claims for
monetary damages concerning his religious diet are DISMISSED WITH
PREJUDICE as without merit; and his other claims are DISMISSED
WITHOUT PREJUDICE under 42 U.S.C. § 1997e(a) for failure to
exhaust administrative remedies before filing this action; and

3.

The clerk shall STRIKE this action from the active docket of the court.
Enter: March 31, 2017

/s/ Robert S. Ballou
Robert S. Ballou
United States Magistrate Judge

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