Riddick v. Lovelace et al, No. 3:2014cv00057 - Document 21 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 05/18/2015. Copy mailed to pro se plaintiff on 5/19/2015.(tjoh, )
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Riddick v. Lovelace et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division EUGENE D. RIDDICK, Plaintiff, V. Civil Action No. 3:14CV57 DR. LOVELACE, ef a/., Defendants. MEMORANDUM OPINION Eugene D. Riddick, a Virginia inmate proceeding pro se, filed this 42 U.S.C. ยง 1983 action. Riddick asserts the "drug Risperdal" caused him severe mental and physical harm. (Compl. 5.)' Riddick claims that Dr. Lovelace^ told him that "he was going to take [Riddick] off the Risperdal medication, but instead increased it from .5 mg. to 1 mg." (Id.) Dr. Lovelace has moved for summary judgment on the ground that, interalia, Riddick has failed to exhaust his administrative remedies. Riddick has not responded. For the reasons that follow, the Motion for Summary Judgment (ECF No. 18) will be GRANTED. I. Standard for Summary Judgment Summary judgment must be rendered "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The party seeking summary judgment bears the responsibility to inform the court of the basis for the motion and to identify the parts of the record which demonstrate the ' The Court corrects the capitalization, punctuation, and spelling in the quotations from Riddick's Complaint. Risperdal, is an "antipsychotic medication." United Stales v. Dillon, 738 F.3d 284, 289 (D.C. Cir. 2013). The Court also corrects the spelling in all of the parties' submission for the drug Risperdal. ^ By Memorandum Order entered on October 14, 2014, the Court dismissed the other named defendant. Dockets.Justia.com
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