Loney v. Biddle, No. 3:2014cv00483 - Document 8 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 09/24/2014. Copy mailed to Plaintiff. (walk, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KIRK LONEY, Plaintiff, V. Civil Action No. 3:14-cv-00483-JAG MATHEWBIDDLE, Defendant. MEMORANDUM OPINION This matter is before the Court on the plaintiffs motion to reinstate his case to the active docket. For the reasons below, the Court denies plaintiffs motion to reinstate. The plaintiffs original complaint' included claims of: fraudulent concealment of an action; deprivation of a right to receive a continuity in medical treatment, denial of the right to receive medical records which is medical malpractice caused by Mathew Biddle acting in concert with others in the violating of Plaintiffs Civil Rights under 42 USC ยง 1983 and Constitutional Rights under the Fourteenth Amendment's Right to receive 'due process' and 'equal protection' of the law. And, also, amounts to violation of Plaintiff Eighth Amendment's rights to be free of 'cruel and unusual punishment' under the U.S. Constitution. (Dk. No. 3-1 atH 19.) The Court dismissed the plaintiffs claims for failure to state a claim upon which relief can be granted. Federal Rule of Civil Procedure 12(b)(6). (Dk. No. 5.) The Court will treat the current motion as a motion under Federal Rule of Civil Procedure 60.^ ' The Court notes that Loney appears pro se and is mindful that courts must liberally construe the pleadings ofpro se parties. See Gordon v. Leeke, 574 F.2d 1147, 1151-52 (4th Cir.) cert, denied, 439 U.S. 970, 99 S.Ct. 464, 58 L.Ed.2d 431 (1978); Coleman v. Peyton. 340 F.2d 603, 604 (4th Cir. 1965). ^ The plaintiff states he is filing his motion to reinstate pursuant to Federal Rule of Civil Procedure 7. His reliance is misplaced.
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