Garibaldi v. Vallsis et al, No. 1:2017cv01000 - Document 25 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 12/12/2018. (acha, )
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Garibaldi v. Vallsis et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Antonio C. Garibaldi, Plaintiff, V. Dr. Villasis and Dr. Haydu, Defendants. ) ) ) ) ) ) ) l:17cvl000(AJT/TCB) MEMORANDUM OPINION Antonio C. Garibaldi, a Virginia inmate proceeding pro se,filed this civil rights action pursuant to 42 U.S.C, § 1983, alleging that he suffered deliberate indifference to his serious medical needs with regard to dental care he received at Virginia Beach Correctional Center ("VBCC"). The matter is presently before the Court on an unopposed Motion for Summary Judgment filed jointly by defendants Juan Villasis, D.D.S., and James Haydu, D.D.S. For the reasons which follow, the Motion for Summary Judgment will be granted. I. Background Plaintiff commenced this lawsuit in September,2017, alleging that dental care provided to him at VBCC by Drs. Villasis and Haydu violated his rights under the Eighth Amendment.' Because the initial complaint was not signed. Garibaldi was directed to submit a copy bearing his signature, in accordance with Rule 11, and he submitted a signed Amended Complaint on October 24,2017.[Dkt. No. 5] Briefly, Garibaldi alleges in the Amended Complaint that in December,2016, he was placed on antibiotics because one of his teeth had become decayed and infected. Id. §IV p.l. A lump developed over his eye and a medical doctor prescribed a different 'Plaintiff noticed a change ofaddress to Nottoway Correctional Center in October,2018.[Dkt. No. 24] Dockets.Justia.com
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