Smith v. S. Petty et al., No. 3:2019cv00563 - Document 57 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 05/12/2021. Copy mailed to Plaintiff. (walk, )
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Smith v. S. Petty et al. Doc. 57 fp IN THE FOR THE UNITED STATES DISTRICT L b COURT MAY 1 3 2021 EASTERN DISTRICT OF VIRGINIA Richmond Division JESSE L. 3/ CLERK, U.S. DISTRICT COURT RICHMOND. VA SMITH, Plaintiff, V. Civil Action No. MRS. S. PETTY, 3:19CV563 et al. , Defendants. MEMORANDUM OPINION Jesse L. Smith, forma pauperis, is proceeding No. 21.) Nurse at a Virginia inmate proceeding pro se and in filed this 42 U.S.C. on Smith Sussex Smith's named as 2 State Amended ยง 1983 action.^ Complaint Defendants: Prison Mrs. ("Sussex The matter (''Complaint," Petty, 2"); a Mrs. ECF Registered Williams, a Licensed Practical Nurse at Sussex 2; and Dr. Militana, a physician at Sussex 2.^ The CHERSHONDRA WILLIAMS' WITH PREJUDICE matter FED. R. is before CIV. P. the 12(b)(6) ("Motion to Dismiss," ECF No. set forth below, Court on MOTION 44.) DEFENDANT TO DISMISS For the reasons the Motion to Dismiss will be denied. ^ The Court employs that pagination assigned by the CM/ECF citations to the parties' the spelling, punctuation, and docketing submission for the submissions. The Court corrects capitalization. all 2 By a separate Memorandum Opinion and Order, Court dismissed claims against Defendants Petty and Militana because Smith failed to serve them in a timely manner. Dockets.Justia.com
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