Atkins v. Lt. Glaser T et al, No. 1:2018cv00354 - Document 40 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 9/27/2019. (lcre, ) (c/s per ORDER)
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Atkins v. Lt. Glaser T et al Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division David Atkins, Plaintiff, I:18cv354(LMB/TCB) V. Lt. Glaser,^aL. Defendants. MEMORANDUM OPINION Proceeding pro se, David Atkins("plaintiff or "Atkins") initiated this civil rights action pursuant to 42 U.S.C. ยง 1983, alleging that defendants violated his constitutional rights during his incarceration. Defendants Thomas Glaser("Glaser" or "Lt. Glaser"), Erica Williams ("Williams" or "Sgt. Williams"), and Robert Cleek("Cleek" or "Cpl. Cleek")(collectively "defendants") have filed a Motion for Summary Judgment supported by a legal memorandum, two affidavits, and several documentary exhibits [Dkt. Nos. 25-26]. Plaintiff received the notice required by Local Rule 7(K)and time to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)[Dkt. No. 27]. He later submitted a document he titled a "Memorandum in Support ofSummary Judgment"[Dkt. No. 34].^ Defendants filed a brief reply [Dkt. No. 35], and plaintiff submitted a surreply [Dkt. No. 36].^ This matter is therefore ripe for adjudication. For the reasons stated below, defendants' Motion for Summary Judgment will be granted, and judgment will be entered in favor of defendants Glaser, Williams, and Cleek. 'This document will be liberally construed as an unsworn affidavit through which plaintiff has expressed disagreement with defendants' recitation offacts. ^ In this second responsive filing, plaintiffincluded two documents already submitted by defendants and once more registered disagreement with certain facts defendants set out. Dockets.Justia.com
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