Marcus R. Ellington v. California Dept of Corr. and Rehab. et al
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Consuelo B. Marshall for Report and Recommendation 22 . The Court will issue separate orders regarding service of the following claims: (1) Plaintiff's RLUIPA claim against defendants John son and Lee in their official capacity for injunctive relief alleging 15 C.C.R. § 3054.5 discriminates against religious inmates, and (2) Plaintiff's First and Eighth Amendment claims pursuant to Section 1983 against defendants E. Lake, Ra bbi Lazar, and Does 1-10 in their individual capacity alleging they removed Plaintiff from the Kosher Diet Program with the intent of burdening Plaintiff's free exercise of his religion and preventing him from eating food that complies with the requirements of his religion. (see document for further details) (hr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MARCUS R. ELLINGTON,
CALIFORNIA DEP’T OF CORR. AND
REHAB., ET AL.,
Case No. CV 21-7364-CBM (KK)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended
Complaint, the relevant records on file, and the Report and Recommendation of the
United States Magistrate Judge. No objections have been filed. The Court accepts
the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that
(1) Plaintiff’s claim for violation of Article I, Section 4 of the California
Constitution is dismissed without prejudice and without leave to amend; and
(2) the following claims are dismissed with prejudice and without leave to
(a) Plaintiff’s claims pursuant to pursuant to 42 U.S.C. § 1983 (“Section
1983”) the Religious Land Use and Institutionalized Person Act, 42 U.S.C. §
2000cc et seq. (“RLUIPA”) against CDCR and defendants Johnson and Lee in
their official capacity to the extent Plaintiff seeks monetary damages from
defendants Johnson and Lee;
(b) Plaintiff’s RLUIPA claim against the individual defendants in their
(c) Plaintiff’s First Amendment Free Exercise and Eighth Amendment
claims for denial of Plaintiff’s administrative appeals against defendants
Johnson, Lee, Lewandowski, Ulstad, and Lake;
(d) Plaintiff’s Fourteenth Amendment due process and equal protection
(e) Plaintiff’s claims for violation of Sections 5009(a), 636, 147 and 673
of the California Penal Code.
The Court will issue separate orders regarding service of the following claims:
(1) Plaintiff’s RLUIPA claim against defendants Johnson and Lee in their
official capacity for injunctive relief alleging 15 C.C.R. § 3054.5 discriminates against
religious inmates, and
(2) Plaintiff’s First and Eighth Amendment claims pursuant to Section 1983
against defendants E. Lake, Rabbi Lazar, and Does 1-10 in their individual capacity
alleging they removed Plaintiff from the Kosher Diet Program with the intent of
burdening Plaintiff’s free exercise of his religion and preventing him from eating food
that complies with the requirements of his religion.
Dated: July 28, 2022
HON CONSUELO B.
Senior United States District Judge
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