Wilson v. Swiney et al

Filing 54

ORDER denying 43 Motion for Protective Order; denying 49 Motion for Reconsideration ; denying 18 Motion for Protective Order; denying 21 Motion for Summary Judgment (Order mailed to Pro Se Party); granting in part and denying in part 23 Motion for Summary Judgment (Opinion & Order mailed to Pro Se Party); granting 29 Motion to Compel; defendants shall have thirty days from the entry of this order to file any motion for summary judgment. If no motion for summary judgment is filed, this matter will be set for trial as to all remaining claims. Signed by Judge Norman K. Moon on 9/5/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DUSTIN WILSON,
Plaintiff,
v.
SWINEY, et al.,
Defendants.

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Civil Action No. 7:16cv00332
ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that:
1) Wilson’s motion for summary judgment (Docket No. 21) is DENIED.
2) Defendants’ motion for summary judgment (Docket No. 23) is GRANTED in part as to
Wilson’s claims for injunctive relief and for damages against the defendants in their official
capacity and DENIED in part as to all other claims.
3) Defendants request to file a supplemental motion for summary judgment is GRANTED and
defendants shall have thirty days from the entry of this order to file any motion for summary
judgment. If no motion for summary judgment is filed, this matter will be set for trial as to
all remaining claims.
4) Defendants’ motions requesting a protective order (Docket Nos. 18 and 43) are DENIED.
Wilson’s motion to compel discovery (Docket No. 29) is GRANTED and defendants shall
have thirty days to file responses to Wilson’s discovery requests.
5) For the same reasons stated by the Magistrate Judge, Wilson’s motion for reconsideration of
the Magistrate Judge’s order denying his motion for appointment of counsel (Docket No. 49)
is DENIED.

6) The Clerk shall send copies of this order and the accompanying memorandum opinion to the
parties.
5th
ENTER: This ____ day of September, 2017.

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