Ford v. Gillenwater et al, No. 7:2016cv00370 - Document 41 (W.D. Va. 2017)

Court Description: ORDER granting 36 Motion to Amend/Correct; granting in part and denying in part 23 Motion for Summary Judgment (Opinion and Order mailed to Pro Se Party). Signed by District Judge Elizabeth K. Dillon on 9/25/2017. (tvt)
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Ford v. Gillenwater et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION MICHAEL M. FORD, Plaintiff, v. GREGORY T. GILLENWATER, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 7:16cv00370 By: Elizabeth K. Dillon United States District Judge ORDER In accordance with the memorandum opinion, it is hereby ORDERED that: 1. Ford’s motion to amend (Dkt. No. 36) is GRANTED. 2. Defendants’ motion for summary judgment (Dkt. No. 23) is DISMISSED without prejudice in part as to Ford’s due process claims and as to all of defendants’ arguments concerning the other claims, except as to their defense of qualified immunity; DENIED in part as to qualified immunity for Ford’s claims concerning failure to protect and retaliation; and GRANTED in part as Ford’s claims concerning grievance and responses. 3. Ford shall have fourteen days from the entry of this order to submit any discovery requests to defendants concerning his remaining claims, and defendants shall have thirty days thereafter to respond to Ford’s discovery requests. 4. Pursuant to Standing 2013-6, the remaining defendants shall FILE a motion for summary judgment regarding the remaining claims, supported by affidavit(s), within sixty days of the entry of this order. 5. The Clerk is directed to send copies of this order and the memorandum opinion to the parties. Entered: September 25, 2017. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge