Robinson v. Kate et al

Filing 86

ORDER signed by Chief Judge Morrison C. England, Jr. on 9/30/2015 ORDERING that the 85 findings and recommendations are ADOPTED in full. Defendant's 72 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANDRE JAMAL ROBINSON,

12
13
14

No. 2:11-cv-02555 MCE AC (P)

Plaintiff,
v.

ORDER

GEORGE GIURBINO,

15

Defendant.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On September 10, 2015, the magistrate judge filed Findings and Recommendations herein

21

(ECF No. 85), which were served on all parties and which contained notice that any objections to

22

the Findings and Recommendations were to be filed within fourteen days. Neither party has filed

23

objections to the Findings and Recommendations.

24

The Court has reviewed the file and finds the Findings and Recommendations to be

25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:

27
28

1. The Findings and Recommendations filed September 10, 2015 (ECF No. 85) are
ADOPTED IN FULL;
1

1
2
3
4
5
6

2. Defendant’s Motion for Summary Judgment (ECF No. 72) is GRANTED in part and
DENIED in part. Specifically, the Motion is:
a. GRANTED as to Plaintiff’s claim under the Establishment Clause of the First
Amendment. That claim is hereby DISMISSED.
b. GRANTED as to Plaintiff’s claim for money damages under the Free Exercise
Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

7

c. DENIED as to Plaintiff’s claims for declaratory and prospective injunctive

8

relief under the Free Exercise Clause of the First Amendment, Equal Protection Clause of the

9

Fourteenth Amendment, and the Religious Land Use and Institutionalized Persons Act. This

10
11
12

action is proceeding only on those claims against Defendant George Giurbino.
IT IS SO ORDERED.
Dated: September 30, 2015

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2