Filing 17

ORDER finding as moot 7 Report and Recommendations and GRANTING 12 Motion to Amend/Correct. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 4/5/2016. (tlh)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION RICO STERLING, Plaintiff, v. Warden ERIC SELLERS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:16-CV-13 (MTT) ORDER United States Magistrate Judge Stephen Hyles recommends dismissing the Plaintiff’s Free Exercise and RLUIPA claims because the Plaintiff failed to explain in his initial complaint how the Defendants substantially burdened his right to engage in his Muslim faith. (Doc. 7). The Plaintiff has filed an objection to the Recommendation and a motion to amend. (Docs. 11; 12). Because the Plaintiff has the right to amend his complaint under Rule 15(a), his motion to amend (Doc. 12) is GRANTED. See Brown v. Johnson, 387 F.3d 1344, 1349 (11th Cir. 2004); Toenniges v. Ga. Dep’t of Corr., 502 F. App’x 888, 889 (11th Cir. 2012). Moreover, in his objection and motion to amend, the Plaintiff explains in detail how the Defendants have purportedly prohibited him from conducting the obligatory practice of “congregation prayer,” which must be observed on a daily basis and done collectively with other Muslims who are present. (Docs. 11; 12). The Recommendation is therefore moot. At this preliminary-screening stage, the Court cannot say that the Plaintiff’s Free Exercise and RLUIPA claims should be dismissed. See Johnson v. Brown, 581 F. App’x 777, 780-81 (11th Cir. 2014). Accordingly, these claims shall move forward. SO ORDERED, this the 5th day of April, 2016. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT -2 

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?