Sessing v. Beard, et al.
Filing
33
ORDER VACATING 25 Findings and Recommendations and ORDERING Plaintiff to File an Amended Complaint, signed by Magistrate Judge Michael J. Seng on 5/28/15. Amended Complaint Due Within Thirty Days. (Attachments: # 1 Amended Complaint Form) (Marrujo, C)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
NATHAN SESSING,
Case No. 1:13-cv-01684-LJO-MJS (PC)
10
Plaintiff,
11
v.
12
ORDER VACATING FINDINGS AND
RECOMMENDATIONS AND ORDERING
PLAINTIFF TO FILE AN AMENDED
COMPLAINT
JEFFREY BEARD, et al.,
13
(ECF No. 32)
Defendants.
14
AMENDED COMPLAINT DUE WITHIN 30
DAYS
15
16
17
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights
18
action pursuant to 42 U.S.C. § 1983. He has declined Magistrate Judge jurisdiction. (ECF
19
No. 5.)
20
21
The Court screened Plaintiff’s Third Amended Complaint and issued findings and a
recommendation that the complaint be dismissed with prejudice for failure to state a claim.
22
(ECF No. 25.)
23
24
Plaintiff filed objections to the findings and recommendation and in doing so clarified
25
factual issues underlying some religious claims in his Third Amended Complaint (ECF No.
26
18). The Third Amended Complaint suggested that Plaintiff was basing his claims on the
27
prison’s failure to furnish his religious group – the Asatru/Odinists – with a worship area
28
(including a fire pit) off-limits to other religions. He outlined his spiritual objections to
1
1
worshipping in the same area as Native Americans, who do have use of a fire pit.
2
However, Plaintiff did not specify whether Odinists were permitted to use the Native
3
4
Americans’ firepit. In his objections, Plaintiff now indicates that he “is not permitted access
to a fire pit” and that Native American worshippers have “exclusive” use of the “outdoor
5
6
7
8
9
10
11
ceremonial enclosure” that contains the fire pit. (ECF No. 32, at 5.) He states his
willingness to use a shared “multi-faith pagan worship area.” (ECF No. 32, at 13.)
The arbitrary denial of use of the Native American fire pit could potentially present Free
Exercise, Establishment Clause, RLUIPA, and Equal Protection problems. Rouser v. White,
707 F.Supp.2d 1055, 1066-1067 (E.D. Cal. 2010)(preventing Wiccans from using fire pit,
while allowing Native Americans to use it, potentially violated Free Exercise, Establishment,
12
13
14
and Equal Protection Clauses); Avery v. Elia, No. 2:11-cv-03341 2013 WL 4407266 (E.D.
Cal. Aug. 15, 2013)(same). Therefore, the Court will provide Plaintiff a final opportunity to
15
amend his complaint to plead sufficient facts to support such claims. Plaintiff should clarify
16
when, how and under what circumstances and in what manner he sought and was denied
17
access to the Native American worship area, and what reasons, if any, he was given for the
18
19
denial, and who denied him such access.
Plaintiff also mentions that the current setup of the Native American worship area is not
20
21
suitable for Odinist worship, at least in part because it lacks an altar. Plaintiff should
22
explain the alleged inadequacies in more detail and describe what modifications could be
23
implemented to facilitate Odinist ceremonies.
24
The Court reminds Plaintiff that prisons need not provide identical treatment and
25
resources to all religious groups to satisfy constitutional requirements. Allen v. Toombs,
26
27
827 F.2d 563, 568 (9th Cir. 1987)(citing Cruz v. Beto, 405 U.S. 319, 322 (1972)). While an
adherent of a minority religion must be given “a reasonable opportunity of pursuing his faith
28
comparable to the opportunity afforded fellow prisoners who adhere to conventional
2
1
religious precepts,” not every religious sect or group is entitled to “a special chapel or place
2
of worship.” Cruz, 405 U.S. at 322 n. 2.
3
Based on the foregoing, the Court will vacate its Findings and Recommendation
4
(ECF No. 25) and permit Plaintiff to file a Fourth Amended Complaint to present claims
5
6
based on Odinists’ inability to use the fire pit at CSATF.
7
The Court HEREBY ORDERS as follows:
8
1. The Findings and Recommendations issued March 30, 2015 (ECF No. 25) are
9
10
VACATED;
2. The Clerk's Office shall send Plaintiff (1) a blank civil rights amended complaint
11
form and (2) a copy of his Third Amended Complaint filed June 20, 2014;
12
13
3. Plaintiff shall file an amended complaint within thirty (30) days from service of this
order; and
14
15
4. If Plaintiff fails to comply with this order, the Court will recommend that this action
16
be dismissed for failure to obey a court order.
17
18
IT IS SO ORDERED.
19
20
21
Dated:
May 28, 2015
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?