Hodges v. Sharon, et al.

Filing 29

ORDER DIRECTING Defendants to File a Further Response to Complaint Within Thirty Days from the Date of Service of this Order signed by Magistrate Judge Stanley A. Boone on 12/2/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRE’ID O.I. HODGES,

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Plaintiff,
v.

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JERALD SHARON, et al.,

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Defendants.

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Case No.: 1:13-cv-00654-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
FURTHER RESPONSE TO COMPLAINT WITHIN
THIRTY DAYS FROM THE DATE OF SERVICE
OF THIS ORDER
[ECF No. 28]

Plaintiff Tyre’Id O.I. Hodges is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
This action is proceeding on Plaintiff’s complaint filed May 6, 2013, against Defendants

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Kathleen Allison, Ralph Diaz, Jerald Sharon, Rosa Guembe, D. Foston, Darryl Heterbrink, R. Hall.

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Jose D. Ojeda, and J.D. Lozano under 42 U.S.C. § 1983 and the Religious Land Use and

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Institutionalized Persons Act (RLUIPA) for alleged violations of his civil rights related to his ability to

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worship as Messianic Jew and participate in religious activities at the California Substance Abuse and

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Treatment Facility.

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On August 18, 2014, Defendants Diaz, Lozano, Guembe, Hetebrink, Sharon, Ojeda, Hall, and

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Allison filed a motion to dismiss Plaintiff RLUIPA claim to the extent he seeks damages thereunder.

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On September 10, 2014, Defendant Foston joined the motion to dismiss filed on August 18,
2014. Plaintiff filed an opposition to Defendants’ motion on September 29, 2014.
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On October 22, 2014, the undersigned issued Findings and Recommendations to grant

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Defendants’ motion to dismiss Plaintiff’s claim for monetary damages under RLUIPA. (ECF No.

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27.)
On December 2, 2014, the Findings and Recommendations were adopted in full and

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Defendants’ motion to dismiss Plaintiff’s claim for monetary damages under the RLUIPA was

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granted. (ECF No. 28.) Accordingly, Defendants are hereby directed to file a further response to

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Plaintiff’s complaint within thirty (30) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

December 2, 2014
UNITED STATES MAGISTRATE JUDGE

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