Rivera v. Raines et al

Filing 45

ORDER ADOPTING Report and Recommendation (Doc. 44 ). Defendants' Motion for Summary Judgment (Doc. 44 ) is GRANTED as to Plaintiff's First Amendment claim against Defendant Monica Carrell; DENIED as to Plaintiff's First Amendment Cla im against Defendants David Raines, James Mutayoba, and Dee Dee Brookhardt; GRANTED as to Plaintiff's Fourteenth Amendment Equal Protection claim against all defendants. Plaintiff's claim under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc, et seq. is DISMISSED as MOOT. The Clerk of Court is DIRECTED to enter judgment accordingly at the close of this case. Signed by Judge Staci M. Yandle on 9/25/2018. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

ADAM RIVERA,
Plaintiff,
vs.
DAVID RAINES, JAMES MUTAYOBA,
DEE DEE BROOKHARDT, and
MONICA CARRELL,
Defendants.

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Case No. 16-CV-450-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on the Report and Recommendation (“Report”) of United
States Magistrate Judge Reona J. Daly (Doc. 44), recommending the partial granting of the
motion for summary judgment filed by Defendants David Raines, James Mutayoba, Dee Dee
Brookhardt, and Monica Carrell (Doc. 34). No objections to the Report have been filed. See 28
U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2); SDIL-LR 73.1(b). For the following reasons, Judge
Daly’s Report is ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review of the Report. See Thomas v. Arn, 474 U.S. 140
(1985). Instead, the Court reviews the Report and Recommendation for clear error. Johnson v.
Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court may then “accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(1).
Here, Judge Daly thoroughly discussed and supported her conclusions that the
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Defendants are entitled to summary judgment as to all of Plaintiff's claims in Count One of the
Complaint with the exception of Plaintiff's First Amendment Free Exercise claim against
Defendants Raines, Brookhardt, and Mutayoba. The Court finds no clear error in Judge Daly’s
findings, analysis or conclusions, and accordingly, adopts her Report and Recommendation in its
entirety.
Accordingly, Defendants’ Motion for Summary Judgment (Doc. 44) is GRANTED as to
Plaintiff’s First Amendment claim against Defendant Monica Carrell; DENIED as to Plaintiff’s
First Amendment Claim against Defendants David Raines, James Mutayoba, and Dee Dee
Brookhardt; GRANTED as to Plaintiff’s Fourteenth Amendment Equal Protection claim against
all defendants. Plaintiff's claim under the Religious Land Use and Institutionalized Persons Act
("RLUIPA"), 42 U.S.C. §§ 2000cc, et seq. is DISMISSED as MOOT. The Clerk of Court is
DIRECTED to enter judgment accordingly at the close of this case.
IT IS SO ORDERED.
DATED: September 25, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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