KNOTT v. MCLAUGHLIN

Filing 22

ORDER ADOPTING 21 Report and Recommendations and GRANTING in part and DENYING in part 11 Motion to Dismiss. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/8/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SHAWN JEROME KNOTT,
Plaintiff,
v.
Warden GREGORY MCLAUGHLIN,

Defendant.

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CASE NO. 5:17-CV-36(MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting in part
and denying in part the Defendant’s motion to dismiss (Doc. 11). Doc. 21. Specifically,
the Magistrate Judge recommends allowing the Plaintiff’s RLUIPA and First Amendment
claims to proceed for further factual development and denying the Defendant’s qualified
immunity defense at this stage, but the Magistrate Judge also recommends limiting the
Plaintiff’s monetary relief to nominal damages. Neither party has objected to the
Recommendation. The Court has reviewed the Recommendation, and the Court
accepts and adopts the findings, conclusions, and recommendations of the Magistrate
Judge. The Recommendation is ADOPTED and made the order of the Court.
Accordingly, the Defendant’s motion to dismiss (Doc. 11) is GRANTED in part and
DENIED in part, so that the Plaintiff’s claims may proceed, but his monetary relief is
limited to nominal damages.

SO ORDERED, this 8th day of January, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT