Davilla v. Anthony Haynes et al

Filing 85

ORDER ADOPTING 81 the Magistrate Judge's Report and Recommendations, and GRANTING 72 Defendants' Motion for Summary Judgment. Plaintiff's Complaint is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 2/6/2013. (csr)

IN THE UNITED STATES DISTRICT
FOR THE SOUTHERN DISTRICT OF GEQ
BRUNSWICK DIVISION

FILED
RICT COURT
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nv.

21113 FEB-b A jJ:

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ANTHONY DAVILLA,

SO.DT. OF (iP.

Plaintiff,
vs.

CIVIL ACTION NO.: CV212-005

NATIONAL INMATE APPEALS
COORDINATOR, ROBIN GLADDEN,
General Counsel; REGIONAL
ADMINISTRATIVE REMEDIES
COORDINATOR, R. E. HOLT,
General Counsel; ANTHONY HAYNES,
and DR. BRUCE COX, Chaplin,
Defendants.
ORDER
After an independent and de nova review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. Plaintiff contends that, if the Court were to order the Bureau of Prisons
to allow a qualified member of his religion to come to the prison to perform animal
sacrifices and other portions of his religious rituals, he would have no objection. The
undersigned notes that the Magistrate Judge opined that a qualified member of
Plaintiffs religion could come into the prison to perform the rituals necessary to infuse
spiritual presence into his requested items. However, the Magistrate Judge likely made
this suggestion to show that there are other possible alternatives available to Plaintiff to
obtain cowrie shells and bead necklaces containing "ache", or spiritual presence. In
other words, and contrary to Plaintiffs assertions, Program Statement 5630.09 and the

O 72A
Rev. 8/82)

Defendants' reliance on this Program Statement do not deprive Plaintiff of the only
manner in which to practice his religion.
Plaintiff also contends that Program Statement 5630.09 requires that the
chaplain verify the religious significance of his requests prior to denying his requests.
This is Plaintiffs interpretation of the Program Statement, not what this Program
Statement requires. Rather, this Program Statement proscribes that, before the warden
approves inmate religious property, a chaplain will verify the religious significance of the
religious property if necessary. (Doc. No. 72-4, p. 2, ¶ 14(a)).
Plaintiffs Objections are overruled.

The Magistrate Judge's Report and

Recommendation, as supplemented by this Order, is adopted as the opinion of the
Court.
Defendants' Motion for Summary Judgment is GRANTED. Plaintiff's Complaint
is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of
dismissal.
41

SO ORDERED, this

day of / \\J\

,2013.

I

/
ISA GOD/BEY WOOD, CHIEF JUDGE
NITED STATES DISTRICT COURT
OUTHERN DISTRICT OF GEORGIA

72A
ev. 8/82)

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