Berger v. Burl et al
Filing
37
ORDER Adopting 36 Partial Recommended Disposition. Defendants' 13 Motion for Judgment on the Pleadings is GRANTED in part, and DENIED, in part. All claims for violation of the Free Exercise Clause and RLUIPA relating to the refusal to all ow Mr. Berger to grow a beard and long hair are DISMISSED, with prejudice. Defendants' motion for judgment on the pleadings on Mr. Berger's first amendment Establishment Clause claims are denied. Signed by Judge James M. Moody Jr. on 8/22/2016. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUSSELL BERGER,
ADC #115855
V.
PLAINTIFF
CASE NO. 5:15-CV-262-JM-BD
DANNY BURL, et al.
DEFENDANTS
ORDER
The Court has received a Partial Recommended Disposition (“Recommendation”)
filed by Magistrate Judge Beth Deere. The parties have not filed objections. After
careful review of the Recommendation, the Court concludes that the Recommendation
should be, and hereby is, approved and adopted as this Court’s findings in all respects in
its entirety.
The Defendants’ motion (#13) is GRANTED, in part, and DENIED, in part. All
claims for violation of the Free Exercise Clause and RLUIPA relating to the refusal to
allow Mr. Berger to grow a beard and long hair are DISMISSED, with prejudice.
Defendants’ motion for judgment on the pleadings on Mr. Berger’s first amendment
Establishment Clause claims are denied.
IT IS SO ORDERED, this 22nd day of August, 2016.
_______________________________
UNITED STATES DISTRICT JUDGE
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