Roscoe v. Barksdale et al

Filing 54

ORDER denying 37 Motion for Preliminary Injunction; granting in part and denying in part 38 Motion to Dismiss for Failure to State a Claim; denying 42 Prisoner Miscellaneous Motion; granting 45 Motion to Amend/Correct; denying 49 Motion to Amend/Correct; denying 50 Motion to Amend/Correct; granting 28 Motion for Summary Judgment; Dr. Moore and Nurse Mullins are DIRECTED to file a motion for summary judgment within 30 days of the entry of this order. Signed by District Judge Elizabeth K. Dillon on 3/31/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
EMMITT G. ROSCOE,
Plaintiff,
v.
EARL R. BARKSDALE, et al.,
Defendants.

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Civil Action No. 7:16cv00147

By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED as
follows:
1. Roscoe’s motion seeking preliminary injunctive relief (Dkt. No. 37) is DENIED;
2. Roscoe’s motion to receive declarations (Dkt. No. 42) is DENIED;
3. Roscoe’s first motion to amend (Dkt. No. 45) is GRANTED, and his second and third
motions to amend (Dkt. Nos. 49 and 50) are DENIED;
4. The clerk shall ADD P. Scarberry and B. Taylor as defendants and NOTIFY them of the
action, pursuant to Rule 4 of the Federal Rules of Civil Procedure;
5. Defendants Dr. Moore and Nurse Mullins’s motion to dismiss (Dkt. No. 38) is
GRANTED in part as to Roscoe’s official capacity damages claims; and the motion to
dismiss is DENIED in part as to all of his other claims against these defendants;
6. Pursuant to Standing Order 2013-6, Dr. Moore and Nurse Mullins are DIRECTED to file
a motion for summary judgment within thirty (30) days of the entry of this order;
7. Defendants Barksdale, Messer, Brock, Gibson, Lawson, Addington, and Smith’s motion
for summary judgment (Dkt. No. 28) is GRANTED;

8. The clerk shall TERMINATE Barksdale, Messer, Brock, Gibson, Lawson, Addington,
and Smith as defendants;
9. The clerk shall provide a copy of this order and the memorandum opinion to all counsel
of record and to Roscoe.
Entered: March 31, 2017.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge