Summary
concluding that plaintiff failed to establish that denial of daily congregate prayer was a substantial burden to his religious practice where it was not "a compulsory aspect of his Muslim faith" but merely "preferred" and where plaintiff could pray individually and attend weekly congregational services
Summary of this case from Brooks v. Warden Frank B. BishopOpinion
Civil Action No. 7:08cv00061.
December 31, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Chauncey A. Williams brings this action, pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq., alleging that the defendants violated the First and Fourteenth Amendments and RLUIPA by not allowing him to participate in congregational prayer following his evening mail on certain dates during Ramadan 2007. Both parties filed motions for summary judgment and the court referred the matter to United States Magistrate Judge Michael F. Urbanski for a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge subsequently filed a report, finding that Williams failed to demonstrate that the defendants violated his constitutional or statutory rights. Accordingly, the Magistrate Judge recommended that the court grant defendants' motion for summary judgment, deny plaintiff's motion for summary judgment, and dismiss this case. Neither party has filed objections. Having reviewed the Magistrate Judge's Report and Recommendation and pertinent portions of the record, the court agrees with the Magistrate Judge's recommendation.
Accordingly, it is hereby ORDERED and ADJUDGED that the Magistrate Judge's Report and Recommendation is ADOPTED in its entirety; defendants' motions for summary judgment (Docket No. 29) is GRANTED; plaintiff's motion for summary judgment (Docket No. 42) is DENIED; this case is DISMISSED; and this action is STRICKEN from the active docket of the court.
The Clerk of the Court is directed to send copies of this Order to the parties.