United States District Court, W.D. Virginia, Roanoke Division
March 14, 2014
ADRIAN NATHANIEL BACON, Plaintiff,
C/O C. ROSE, et al., Defendants.
SAMUEL G. WILSON, District Judge.
ln accordance with the memorandum opinion entered this day, it is hereby ORDERED and ADJUDGED that Bacon's claims against Payne and McQuinn are DISMISSED under 21 U.S.C. § 1915 for failure to state a claim; the Clerk is DIRECTED to TERMINATE Payne and McQuinn as defendants to this action; and the defendants' motion for summary judgment (ECF No. 18) is DENIED as to the claim against Rose and moot as to the other claims.
Further, Bacon's motion to compel discovery (ECF No. 22) is GRANTED to the extent that Rose shall respond to Bacon's requests within 20 days of the entry of this order. Defendants' motion for a protective order (ECF No. 26), in which defendants request that no discovery be permitted until the issue of qualified immunity is decided, is DENIED.
The Clerk is directed to send a copy of this order and the accompanying memorandum opinion to the parties.