See Bageant Aff. Therefore, Dancy's argument concerning his failure to be transferred also fails. Counsel for Dancy, who was appointed in December 1998, has provided no evidence to suggest that summary judgment is premature. Therefore, the defendants' motions for summary judgment should not be delayed by an unsupported request for additional discovery. A separate order to that effect is being entered herewith.
Judgment is entered in favor of defendants against plaintiff.
Because I have considered materials outside of the pleadings, EMSA's motion to dismiss was automatically converted to a motion for summary judgment pursuant to the federal rules. Therefore, the well settled principles of summary judgment apply to all the motions. See American Mfrs. The Fourth Circuit's subsequent opinion in Hogan disagreed finding Charters still applicable. There appears to be some confusion about when the twenty-two involuntary medications occurred.