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Elder v. City of Danville

United States District Court, Fourth Circuit

December 12, 2013

MICHAEL ELDER, Plaintiff,
v.
CITY OF DANVILLE, VA and OFFICER THOMPSON, Defendants.

ORDER

JACKSON L. KISER, Senior District Judge.

Before me is Defendant City of Danville's Motion to Dismiss for Failure to State a Claim [ECF No. 24]. Plaintiff Michael Elder ("Plaintiff"), who is proceeding pro se, was served with the Motion and a notice pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975). Plaintiff filed a response [ECF No. 30], the City of Danville replied [ECF No. 31], and Plaintiff filed an additional response without leave of court [ECF No. 33]. I have thoroughly reviewed all the filed pleadings and relevant arguments, and the matter is now ripe for decision. For the reasons stated in the accompanying Memorandum Opinion, I hereby GRANT the City's Motion to Dismiss. The City is DISMISSED from this action, and the case will proceed against Officer Thompson only.

The Clerk is directed to forward a copy of this Order and accompanying Memorandum Opinion to all parties and counsel of record.


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