Berger v. Clark et al

Filing 36

ORDER approving and adopting 33 Recommendation; granting 35 Plaintiff's Motion to Attach Documents; granting 14 Defendant's Motion to Dismiss as to Plaintiff's RLUIPA claim for monetary damages, but denying in all other respects; granting 19 Plaintiff's response construed as a motion to amend; and directing the Clerk of the Court to file 19 as Plaintiff's First Amended Complaint. Signed by Judge Billy Roy Wilson on 9/7/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUSSELL BERGER
ADC #115855
VS.

PLAINTIFF

5:17-CV-00258-BRW-JTR

WENDY KELLEY,
Director, ADC

DEFENDANT

ORDER
I have reviewed the Recommendation (Doc. No. 33) submitted by United States
Magistrate Judge J. Thomas Ray and Plaintiff’s Motion to Attach Documents (Doc. No. 35).
After carefully considering these documents and making a de novo review of the record in this
case, I approve and adopt the Recommendation.
Accordingly, Plainitf’fs Motion to Attach Documents (Doc. No. 35) is GRANTED.
Defendant’s Motion to Dismiss (Doc. No. 14) is GRANTED as to Plaintiff’s RLUIPA claim for
monetary damages, but DENIED in all other respects. Plaintiff’s response (Doc. No. 19) to
Defendant’s Motion to Dismiss is construed as a motion to amend, and is GRANTED.
The Clerk of the Court is directed to file a copy of (Doc. No. 19) as Plaintiff’s First
Amended Complaint.
IT IS SO ORDERED this 7th day of September, 2018.

/s/ Billy Roy Wilson________________
UNITED STATES DISTRICT JUDGE