Deaton v. May et al
ORDER adopting in part 57 Proposed Findings and Recommendations; denying without prejudice as moot 44 motion for preliminary injunction; denying 52 motion for reconsideration. Signed by Judge Kristine G. Baker on 3/31/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 2:13-cv-00136 KGB-JTK
LARRY MAY, et al.
Before the Court is plaintiff Christopher Deaton’s motion for reconsideration of the
Court’s Order ruling on two Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney and other matters (Dkt. Nos. 47, 52). Mr. Deaton
has pointed to no error in the Court’s rulings, and the Court sees none. The Court denies Mr.
Deaton’s motion for reconsideration (Dkt. No. 52).
The Court also has received Proposed Findings and Recommendations from Judge
Kearney recommending that the Court deny Mr. Deaton’s pending motion for a preliminary
injunction (Dkt. Nos. 44, 57). The Court adopts the Proposed Findings and Recommendations in
part by adopting the conclusion reached by Judge Kearney but not the reasoning (Dkt. No. 57).
The Court rejects the reasoning based on recent legal developments, including the decision in
Holt v. Hobbs, ̶ U.S. ̶ , 135 S. Ct. 853 (Jan. 20, 2015), and based on representations and
arguments made in defendants’ pending motion to dismiss Mr. Deaton’s claims under the
Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc1 et seq. (Dkt. No. 108). At this time, the Court denies without prejudice as moot Mr. Deaton’s
motion for preliminary injunction (Dkt. No. 44).
SO ORDERED this 31st day of March, 2015.
Kristine G. Baker
United States District Judge
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