Winnett v. Bray et al

Filing 86

ORDER Approving and Adopting 31 Partial Recommended Disposition in its entirety as this Court's findings in all respects and granting in part and denying in part defendants' 15 motion to dismiss. Signed by Judge Kristine G. Baker on 09/12/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DONALD F. WINNETT
ADC #139544
v.

PLAINTIFF
Case No. 2:16-cv-00013-KGB-BD

ALEX BRAY, et al.

DEFENDANTS
ORDER

The Court has reviewed the Partial Recommended Disposition submitted by United
States Magistrate Judge Beth Deere (Dkt. No. 31). Plaintiff Donald F. Winnett filed objections
to the Partial Recommended Disposition (Dkt. No. 33). After careful consideration of the Partial
Recommended Disposition and Mr. Winnett’s objections, and a de novo review of the record, the
Court concludes that the Partial Recommended Disposition should be, and hereby is, approved
and adopted in its entirety as this Court’s findings in all respects (Dkt. No. 31).
It is therefore ordered that defendants’ motion to dismiss is granted in part and denied in
part (Dkt. No. 15).
1.

The Court denies defendants’ motion to dismiss claims under the Religious Land

Use and Institutionalized Persons Act of 2000, 42 U.S.C.A. §§ 2000cc, et seq., and the First
Amendment.
2.

The Court denies as moot defendants’ motion to dismiss any claims under the

Equal Protection Clause; the Court agrees with Judge Deere that plaintiff Donald Winnett did not
raise any Equal Protection claims in his complaint (Dkt. No. 31, at 6). Mr. Winnett’s objections
to the Partial Recommended Disposition are not sufficient to amend his complaint to include an
Equal Protection claim. See In re Iowa Ready-Mix Concrete Antitrust Litig., 768 F.Supp.2d 961,
976 ̶ 77 (N.D. Iowa 2011).

3.

The Court grants defendants’ motion to dismiss claims for money damages

against them in their official capacities.
Dated this 12th day of September, 2016.
_______________________________
Kristine G. Baker
United States District Judge

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