Summary
applying Africa v. Pennsylvania, 662 F.2d 1025 (3d Cir. 1981) to Church of the Creator and finding Creativity failed to qualify as a religion for purposes of prisoner's First Amendment claims
Summary of this case from Todd v. California Department of Corrections & RehabilitationOpinion
No. 03:10-CV-32-HU.
October 25, 2011
Troy Allen Birkes, Pro Se, 69246-065, Federal Correctional Institution, Inmate Mail/Parcels, Sheridan, OR, Attorney for Plaintiff.
Jacqueline Sadker Kamins, Samuel A. Kubernick, Department of Justice, Salem, OR, Attorneys for Defendants.
ORDER
Magistrate Judge Hubel issued a Findings and Recommendation (#64) on September 28, 2011, in which he recommends that this Court grant Defendants' motion for summary judgment (#37) on the grounds that no constitutional violation has occurred in this case. Judge Hubel also recommends that this Court decline supplemental jurisdiction over the remaining state constitutional claim. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) ( de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Hubel's Findings and Recommendation (#64). Accordingly, Defendants' motion for summary judgment (#37) is granted and this Court declines supplemental jurisdiction over the remaining state constitutional claim.IT IS SO ORDERED.