Durbin v. Cain et al

Filing 34

RULING Adopting 32 Report and Recommendations of the U.S. Magistrate Judge as to the 13 Motion to Dismiss. The plaintiff's claims asserted against Msgt. Turner are DISMISSED for failure of the plaintiff to serve this defendant within 120 da ys as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. Further, the defendants' Motion to Dismiss (doc. no. 13) is GRANTED IN PART, dismissing the plaintiff's claims asserted against defendants leslie Dupont, Richard Peabody, Ronnie Jett, Bruce Dodd, Tim Delaney, Troy Poret, Joseph lamartinere, Cathy Fontenot, Robert Toney, Brad Delaughter, landry Valant, Randy Barrios, Kevin Benjamin and Chad Darbonne, with prejudice, dismissing the plaintiff's claims asserted agai nst the remaining defendants, Burl Cain and Darrel Vannoy, for monetary damages in the defendants' official capacities, and this action is referred back for further proceedings in connection with the plaintiff's claims that his First Amendm ent right to freely practice his religion and his Fourteenth Amendment right to equal protection have been violated by the defendants' refusal to allow him to congregate with members of his faith and refusal to allow him to attend services and g atherings of the Jewish community at the main prison complex (as do members of other religious faiths at LSP), and that prison officials refuse to recognize Jewish holy days or afford inmates an opportunity to congregate, worship or attend services on such days. Signed by Judge James J. Brady on 6/3/2011. (JDL)

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