Hinton v. McCabe et al, No. 3:2016cv00222 - Document 123 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 10/1/2018. Copy mailed to Plaintiff.(ccol, )
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Hinton v. McCabe et al Doc. 123 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA p Richmond Division b L pi OCT- 22018 j DONALD LEE HINTON, CLERK, U.S. DiSTRiCT COURT RICHMOND. VA Plaintiff, Civil Action No.3:16CV222 V. P. McCABE,et aL, Defendants. MEMORANDUM OPINION Donald Lee Hinton, a Virginia inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. ยง 1983 action. By Memorandum Opinion and Order entered on March 29, 2018, the Court granted Defendant Dr. Calhoun's Motion for Summary Judgment. (ECF Nos. 91, 92.) In his remaining claim, Hinton contends that Nurse Patricia McCabe denied him adequate medical care during his incarceration in the Lawrenceville Correctional Center ("LCC"). Defendant McCabe filed a Motion for Summary Judgment and provided Hinton with notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). However, Hinton did not respond. Accordingly, by Memorandum Opinion and Order entered on June 12, 2018, the Court granted Defendant McCabe's Motion for Summary Judgment and dismissed the action. On June 25, 2018, the Court received a "Motion to File Appeal on Court Erred in Judgment,"(ECF No. 101), which the Court construed as a motion filed pursuant to Federal Rule of Civil Procedure 59(e). Plaintiff claimed that he never received the Motion for Summary Judgment filed by Defendant McCabe on March 29, 2018. Because "it appear[ed] that Hinton failed to receive the Motion for Summary Judgment and Roseboro notice, and the accompanying Memorandum in Support, Hinton ... adequately demonstrated that the Court's dismissal of this Dockets.Justia.com
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