Opinion
Civil Action 4:20-110
09-29-2022
DEVIN RICHARDSON, Plaintiff v. DR. L. MURRAY, Defendant
ORDER
MALACHY E. MANNION, DISTRICT JUDGE
In accordance with this court's Memorandum issued this same day, IT
IS HEREBY ORDERED THAT:
1. The August 2, 2022 report of Judge Arbuckle, (Doc. 31), is ADOPTED IN ITS ENTIRETY.
2. The plaintiff's complaint, (Doc. 1), will PROCEED with respect to his RFRA claim against defendant Dr. Murray.
3. The objection of the defendant to the Report, (Doc. 34), is OVERRULED.
4. The government's motion to dismiss, (Doc. 17), is DISMISSED AS MOOT.
5. Defendant Dr. Murray's motion for summary judgment, (Doc. 24), is DENIED, without prejudice to assert the qualified immunity defense.
6. The Clerk of Court is directed to REMAND THIS CASE to Judge Arbuckle for purposes of issuing a new Report and Recommendation regarding Dr. Murray's qualified immunity defense after briefing of this issue by the parties.