Dorian Davis v. Flores et al

Filing 79

ORDER Requiring Further Briefing (Docket No. 48 , 77 ), signed by District Judge Jeffrey T. Miller on 7/17/2012. (Fahrney, E)

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JM

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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Case No.: 1:08-CV-1197 JTM (JMA)

DORIAN DAVIS aka WALI AL-TAQUI,
CDC #k-78041,

ORDER REQUIRING FURTHER
BRIEFING

Plaintiff,
vs.

Docket No. 48, 77

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E.G. FLORES, et al.,
Defendants.
On January 18, 2011, this court granted Defendants’ motion for summary judgment as to

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all remaining claims and parties. Plaintiff appealed. The Ninth Circuit affirmed the prior

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dismissal of Plaintiff’s Equal Protection Claim and the grant of summary judgment on Plaintiff’s

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First Amendment and RLUIPA claims premised on the temporary suspension of in-cell use of

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prayer oil. However, it vacated and remanded for further proceedings as to Plaintiff’s First

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Amendment and RLUIPA claims premised on a prison prohibition of unsupervised inmate-led

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religious services.

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Defendants did not address Plaintiff’s First Amendment and RLUIPA claims based on

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the prohibition of unsupervised inmate-led religious services. For that reason, Defendants will

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be provided with an opportunity to supplement their motion for summary judgment with

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additional briefing.

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If Defendants wish to move for summary judgment on the grounds discussed above, they

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shall file a supplemental brief of no more than ten pages on or before August 24, 2012. If

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Plaintiff wishes to oppose Defendants’ motion, he shall submit an opposition brief of no more

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than ten pages on or before October 5, 2012. Upon receipt of each party’s brief, the court will

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take the matter under submission

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IT IS SO ORDERED.

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DATED: July 17, 2012
______________________________
Jeffrey T. Miller
United States District Judge

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