Deaton v. May et al

Filing 135

ORDER approving and adopting 126 Proposed Findings and Recommendations as this Court's findings in all respects; granting defendants' 108 motion to dismiss; dismissing Mr. Deaton's Religious Land Use and Institutionalized Persons A ct claim; granting defendants' 113 motion for summary judgment; dismissing without prejudice Mr. Deaton's claims against defendant Jackson for Mr. Deaton's failure to exhaust his administrative remedies prior to filing his claim against defendant Jackson; dismissing with prejudice Mr. Deaton's claims against all other defendants; and denying as moot all other pending motions. Signed by Judge Kristine G. Baker on 2/4/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHRISTOPHER DEATON,
ADC #143472

PLAINTIFF

Case No. 2:13-cv-00136-KGB/JTK
LARRY MAY, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney (Dkt. No. 126). Plaintiff Christopher Deaton filed
two motions for extension of time to file objections to the Proposed Findings and
Recommendations (Dkt. Nos. 130, 133). Mr. Deaton then filed an objection (Dkt. No. 134). The
Court grants both of Mr. Deaton’s motions for extension of time to file objections (Dkt. Nos.
130, 133), and the Court considers Mr. Deaton’s objections timely filed (Dkt. No. 134). After
careful review of the Proposed Findings and Recommendations, the objections, and a de novo
review of the record, the Court concludes that the Proposed Findings and Recommendations
should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all
respects.
It is, therefore, ordered that:
1.

the Court grants defendants’ motion to dismiss (Dkt. No. 108), and Mr. Deaton’s
Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §
2000cc-1, claim is hereby dismissed.

2.

the Court grants defendants’ motion for summary judgment (Dkt. No. 113).

3.

the Court dismisses without prejudice Mr. Deaton’s claims against defendant
Jackson for Mr. Deaton’s failure to exhaust his administrative remedies prior to
filing his claim against defendant Jackson.

4.

the Court dismisses with prejudice Mr. Deaton’s claims against all other
defendants.

5.

All other pending motions are denied as moot.

SO ORDERED this 4th day of February, 2016.

______________________________________
Kristine G. Baker
United States District Judge

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