Wilson v. Swiney et al, No. 7:2016cv00332 - Document 54 (W.D. Va. 2017)

Court Description: ORDER denying 43 Motion for Protective Order; denying 49 Motion for Reconsideration ; denying 18 Motion for Protective Order; denying 21 Motion for Summary Judgment (Order mailed to Pro Se Party); granting in part and denying in part 23 Motion for Summary Judgment (Opinion & Order mailed to Pro Se Party); granting 29 Motion to Compel; defendants shall have thirty days from the entry of this order to file any motion for summary judgment. If no motion for summary judgment is filed, this matter will be set for trial as to all remaining claims. Signed by Judge Norman K. Moon on 9/5/2017. (tvt)

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Wilson v. Swiney et al Doc. 54 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DUSTIN WILSON, Plaintiff, v. SWINEY, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 7:16cv00332 ORDER By: Norman K. Moon United States District Judge In accordance with the memorandum opinion entered this day, it is hereby ORDERED that: 1) Wilson’s motion for summary judgment (Docket No. 21) is DENIED. 2) Defendants’ motion for summary judgment (Docket No. 23) is GRANTED in part as to Wilson’s claims for injunctive relief and for damages against the defendants in their official capacity and DENIED in part as to all other claims. 3) Defendants request to file a supplemental motion for summary judgment is GRANTED and defendants shall have thirty days from the entry of this order to file any motion for summary judgment. If no motion for summary judgment is filed, this matter will be set for trial as to all remaining claims. 4) Defendants’ motions requesting a protective order (Docket Nos. 18 and 43) are DENIED. Wilson’s motion to compel discovery (Docket No. 29) is GRANTED and defendants shall have thirty days to file responses to Wilson’s discovery requests. 5) For the same reasons stated by the Magistrate Judge, Wilson’s motion for reconsideration of the Magistrate Judge’s order denying his motion for appointment of counsel (Docket No. 49) is DENIED. Dockets.Justia.com 6) The Clerk shall send copies of this order and the accompanying memorandum opinion to the parties. 5th ENTER: This ____ day of September, 2017. 12

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