Tracy Taylor v. Hubbard et al

Filing 78

ORDER Denying Plaintiff's 69 Motion for a Quick Decision on Motion for Preliminary Injunction, signed by Magistrate Judge Barbara A. McAuliffe on 9/12/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TRACY TAYLOR,

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Plaintiff,

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CASE NO. 1:10-cv–00404-LJO-BAM PC
ORDER DENYING PLAINTIFF’S MOTION
FOR A QUICK DECISION ON MOTION FOR
PRELIMINARY INJUNCTION

v.
SUSAN HUBBARD, et al.,

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(ECF No. 69)

Defendants.
/

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Plaintiff Tracy Taylor is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (the Religious Land Use and

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Institutionalized Persons Act of 2000) (“RLUIPA”). This action is proceeding on Plaintiff’s Second

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Amended Complaint, filed May 15, 2012, against Defendants Cate, Harrington, and Wegman for

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violation of the Free Exercise Clause of the First Amendment. (ECF No. 51.) Plaintiff filed motion

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for a quick decision on his motion for a preliminary injunction on August 17, 2012. (ECF No. 69.)

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In his motion, Plaintiff states that his radio/compact disk/cassette player has been confiscated

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and requests a decision on his motion for a preliminary injunction by September 3, 2012. Plaintiff

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has filed two motions for a preliminary injunction and Defendants Harrington and Wegman have

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filed an opposition. Although Plaintiff lists numerous items that wants to possess in his cell for

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religious purposes, the substance of Plaintiff’s complaint regards the possession of tobacco in his

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cell for his religious ceremony. Plaintiff is claims that the policies implemented by Defendant Cate

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are violating his rights under the First Amendment and RLUIPA.

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Accordingly Plaintiff’s motion will not be decided until Defendant Cate has an opportunity

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to respond. Defendant Cate has now appeared in this action, and been ordered to file a response

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within twenty days. Plaintiff’s motion for a quick response is DENIED.

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IT IS SO ORDERED.
Dated:
10c20k

September 19, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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