LEMCOOL v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 89

ORDER OF DISMISSAL. ACCEPTING 88 REPORT AND RECOMMENDATION. The clerk must enter judgment stating, This case is DISMISSED without prejudice. Signed by JUDGE ROBERT L HINKLE on 8/8/12. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

SHERRIE LEMCOOL,
Plaintiff,
v.

CASE NO. 4:09cv376-RH/CAS

ASSISTANT WARDEN POOLE
et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 88. No objections have been filed.
The plaintiff’s claim is that the defendant correctional officers deprived the
plaintiff of the right to the free exercise of religion by imposing specific
requirements. New rules now are in place that the defendants say have cured the
problem. The plaintiff has not shown otherwise.
Under this circuit’s application of the voluntary-cessation branch of the
mootness doctrine, a governmental entity that has discontinued challenged conduct
enjoys a rebuttable presumption that the conduct will not recur. See, e.g., Bankshot
Case No. 4:09cv376-RH/CAS

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Billiards, Inc. v. City of Ocala, 634 F.3d 1340, 1351-52 (11th Cir. 2011)
(collecting cases). The report and recommendation correctly concludes that this
case is now moot.
If the plaintiff asserts she is still unable to freely practice her religion, she
may file a timely motion to alter or amend the judgment that will be entered based
on this order. But based on the record as it now stands, the case must be
dismissed.
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court’s
further opinion. The clerk must enter judgment stating, “This case is DISMISSED
without prejudice.” The clerk must close the file.
SO ORDERED on August 8, 2012.
s/Robert L. Hinkle
United States District Judge

Case No. 4:09cv376-RH/CAS