Kelly v. Jamaludeen et al, No. 3:2012cv00074 - Document 30 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/13. Copies Mailed : Yes(mful, )
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\"5 /^Ss r3 L-M..M ll IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA DK. I8 2013 Richmond Division CLtRK, U.S. DISTRICT COURT RICHMOND, VA ANDREW KELLY, Plaintiff, v. Civil Action No. 3:12CV74 ABDUL JAMALUDEEN, et al., Defendants. MEMORANDUM OPINION Andrew Kelly, a Virginia prisoner proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 19831 complaint. The matter is before the Court on Sheriff Kenneth W. Stolle's Motion to Dismiss {ECF No. 15) and Dr'. Abdul Jamaludeen's and Nurse Donald Sadler's Motion for Summary Judgment. Defendants provided (ECF Nos. 17, 27.) Kelly with appropriate (ECF No. Roseboro2 Kelly has not responded. 28.) notice. For the reasons set forth below, the Court will grant the Motion to Dismiss and the Motion for Summary Judgment. That statute provides, in pertinent part: Every person who, under color of any statute ... of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction deprivation of any rights, thereof privileges, secured by the Constitution and laws, to the or immunities shall be liable to the party injured in an action at law .... 42 U.S.C. § 1983. 2 Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). IP B
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