Ford v. Gillenwater et al

Filing 41

ORDER granting 36 Motion to Amend/Correct; granting in part and denying in part 23 Motion for Summary Judgment (Opinion and Order mailed to Pro Se Party). Signed by District Judge Elizabeth K. Dillon on 9/25/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MICHAEL M. FORD,
Plaintiff,
v.
GREGORY T. GILLENWATER, et al.,
Defendants.

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Civil Action No. 7:16cv00370
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the memorandum opinion, it is hereby ORDERED that:
1. Ford’s motion to amend (Dkt. No. 36) is GRANTED.
2. Defendants’ motion for summary judgment (Dkt. No. 23) is DISMISSED without prejudice
in part as to Ford’s due process claims and as to all of defendants’ arguments concerning the
other claims, except as to their defense of qualified immunity; DENIED in part as to
qualified immunity for Ford’s claims concerning failure to protect and retaliation; and
GRANTED in part as Ford’s claims concerning grievance and responses.
3. Ford shall have fourteen days from the entry of this order to submit any discovery requests to
defendants concerning his remaining claims, and defendants shall have thirty days thereafter
to respond to Ford’s discovery requests.
4. Pursuant to Standing 2013-6, the remaining defendants shall FILE a motion for summary
judgment regarding the remaining claims, supported by affidavit(s), within sixty days of the
entry of this order.
5. The Clerk is directed to send copies of this order and the memorandum opinion to the parties.
Entered: September 25, 2017.

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