Whitten v. Clarke et al

Filing 64

ORDER granting 36 Motion to Compel; granting 44 Motion to Compel; granting 46 Motion to Compel; granting 47 Motion to Produce; granting in part and denying in part 49 Motion for Summary Judgment ; granting 54 Motion to Compel; The Clerk is DIRECTED to SET this matter for a jury trial in the Big Stone Gap division. (Opinion and Order mailed to Pro Se Party) Signed by District Judge Elizabeth K. Dillon on 9/11/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ANTWON G. WHITTEN,
Plaintiff,
v.
HAROLD CLARKE, et al.,
Defendants.

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Civil Action No. 7:16cv00195

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.

Defendants’ motion for summary judgment (Dkt. No. 49) is GRANTED in part as to

Whitten’s claims against defendants Clarke, Anderson, Fleming, Ravizee, and Elam; and the
motion for summary judgment is DENIED in part as to Whitten’s claims against defendants
Gunter, Cooke, and Lawson.
2.

Because none of the claims against Clarke, Anderson, Fleming, Ravizee, and Elam

survive summary judgment, they are hereby TERMINATED as defendants.
3.

Whitten has filed several motions to compel discovery in this case (Dkt. Nos. 36, 44, 46,

47, and 54). Even if he had been granted discovery previously, it would not have affected any of
the claims that have been dismissed, particularly since they were dismissed on legal grounds
rather than factual ones. In light of the court’s ruling on the remaining claims, however, the
court finds that discovery should be permitted, and Whitten shall be entitled to propound
reasonable discovery requests to the remaining defendants regarding the remaining claims.
Accordingly, Whitten’s motions are GRANTED to the extent that he shall have twenty-one days

from the entry of this order to submit any discovery requests relevant to his remaining claims,
and defendants shall have thirty days thereafter to file responses to those requests.
4.

The Clerk is DIRECTED to SET this matter for a jury trial in the Big Stone Gap division.

5.

The clerk shall provide a copy of this order and the memorandum opinion to all counsel

of record and to Mr. Whitten.
Entered: September 11, 2017.

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