Summary
In Wilson, the Northern District of Florida dismissed several claims made by the plaintiff, an inmate in a Florida state correctional facility, on the ground that the plaintiff had not exhausted his claims under the new RLUIPA standard, even though the claims were filed before RLUIPA was enacted.
Summary of this case from Dehart v. HornOpinion
CASE NO. 4:01cv158-RV
February 28, 2002
ORDER
This cause comes on for consideration upon the magistrate judges report and recommendation dated February 6, 2002. The parties have has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Defendants' motion to dismiss, doc. 37, is GRANTED in part and DENIED in part. All of Plaintiff's claims are DISMISSED except for claims that Plaintiff was denied weekly pipe ceremonies and a weekly prayer circle without an outside volunteer, not permitted to wear headbands at all times, and was denied observance of four yearly Religious holidays.
3. This case is hereby REMANDED to the magistrate judge for further proceedings on Plaintiff's remaining claims.
DONE AND ORDERED.