WILLIS v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 261

ORDER denying 260 Motion to Intervene - This matter remains a class action with an adequate class representative and competent class counsel, through whom Mr. Williams-Bey must seek relief before any petition to intervene will be addressed on th e merits. Through the motion, Mr. Williams-Bey has not demonstrated that his interests are not being adequately represented either by the existing named plaintiff or by class counsel, or that class counsel has consented to the filing of the motion; and Accordingly, the motion to intervene and to seek contempt remedies that is currently pending, [Filing No. 260], is DENIED WITHOUT PREJUDICE. Signed by Judge Jane Magnus-Stinson on 8/12/2014. (copy to Joseph Williams-Bey via US Mail) (JKS)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MASTON WILLIS, Plaintiff and Class Representative, vs. COMMISSIONER INDIANA DEPARTMENT OF CORRECTION, et al., Defendants. ) ) ) ) ) ) ) ) 1:09-cv-815-JMS-DML ORDER On December 8, 2010, this Court entered an injunction requiring the Commissioner of the Indiana Department of Correction (the “DOC”) to adopt a kosher meal policy that complied with the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). [Filing No. 114.] The DOC has adopted such a policy, but presently pending before the Court is a motion to intervene and to seek contempt remedies filed by DOC inmate Joseph Williams-Bey. [Filing No. 260.] The motion, filed pro se, requests that the Court allow Mr. Williams-Bey to intervene as a class representative and seek a finding from the Court that the DOC is in contempt for failing to provide him with kosher meals. [Filing No. 260.] Based on the Court’s review of the motions to intervene and for contempt, the Court ORDERS as follows: This matter remains a class action with an adequate class representative and competent class counsel, through whom Mr. Williams-Bey must seek relief before any petition to intervene will be addressed on the merits. Through the motion, Mr. Williams-Bey has not demonstrated that his interests are not being adequately represented either by the existing named plaintiff or by class counsel, or that class counsel has consented to the filing of the motion; and Accordingly, the motion to intervene and to seek contempt remedies that is currently pending, [Filing No. 260], is DENIED WITHOUT PREJUDICE. -1- 08/12/2014 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution via ECF only to all counsel of record Distribution via United States Mail: Joseph Williams-Bey DOC# 910763 Indiana Department of Corrections Indiana State Prison One Park Row Michigan City, IN 46360 -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?