Davis v. Sample et al, No. 3:2013cv00272 - Document 29 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/3/15. Copy sent: Yes(tdai, )
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Davis v. Sample et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WILLIE UNIQUE DAVIS, Plaintiff, V. Civil Action No. 3:13CV272 NICK SAMPLE, e/fl/., Defendants. MEMORANDUM OPINION Willie Unique Davis, a former Virginia inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. § 1983 action,' Davis contends that Defendants Officer Sample and Nurse Elliott denied him adequate medical care during his incarceration in the Riverside Regional Jail ("RRJ"). The matter is before the Court on Davis's failure to serve Defendant Elliott and Defendant Sample's Motion to Dismiss. For the reasons stated below, the Court will GRANT Defendant Sample's Motion to Dismiss (ECF No. 21) with respect to Claim Two and will DENY the Motion to Dismiss with respect to Claim One. The Court will DISMISS WITHOUT PREJUDICE the action against Defendant Elliott. ' The 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 thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.... 42 U.S.C. § 1983. Dockets.Justia.com
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