Barley v. New River Valley Regional Jail-Medical Department et al

Filing 40

ORDER denying 34 Motion to Dismiss for Failure to State a Claim; granting 20 Motion to Dismiss for Failure to State a Claim; Pursuant to Standing Order No. 2013-6, defendants Lowe and Neel are DIRECTED to FILE a motion for summary judgment, supported by affidavit(s), within 30 days from the entry of this order. Signed by District Judge Elizabeth K. Dillon on 3/6/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TOBY JOE BARLEY,
Plaintiff,
v.
NEW RIVER VALLEY REGIONAL
JAIL MEDICAL DEPT., et al.,
Defendants.

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Civil Action No. 7:16cv00280

By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that Barley’s motion to amend (Dkt. No. 30) is GRANTED, the motion to dismiss of defendants
New River Valley Regional Jail Medical Department, McPeak, Akers (Dkt. No. 20) is
GRANTED, and the motion to dismiss of defendants Lowe and Neel (Dkt. No. 34) is DENIED.
The Clerk shall TERMINATE the New River Valley Regional Jail Medical Department,
McPeak, and Akers as defendants to this action. Pursuant to Standing Order No. 2013-6,
defendants Lowe and Neel are DIRECTED to FILE a motion for summary judgment, supported
by affidavit(s), within 30 days from the entry of this order.
The Clerk is directed to send a copy of this order and the accompanying memorandum
opinion to counsel of record and Mr. Barley, plaintiff.
Entered: March 6, 2017.

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