Evans #367619 v. Caruso et al

Filing 95

MEMORANDUM AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 84 , denying motions 69 , 62 , 77 , 74 and denying motion 80 as moot ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
ALRELIO EVANS,
Plaintiff,

Case No. 2:11-cv-492

v.

Honorable R. Allan Edgar

KEITH SNYDER, et al.,
Defendants.
___________________________________/
MEMORANDUM AND ORDER
U.S. Magistrate Judge Timothy P. Greeley has entered a Report and Recommendation
(“R&R”) in this case, in which he recommended that Defendants Snyder and Wyma’s motion
for summary judgment be granted, and this case be dismissed. Doc. No. 84. Magistrate Judge
Greeley found that Plaintiff has not shown a violation or his religious rights under the First
Amendment or RLUIPA, and that he has failed to support an Equal Protection claim.
Plaintiff has filed objections to the R&R. Doc. No. 91. This Court is required to make a
de novo determination of those portions of the R&R to which objections have been filed, and
may accept, reject, or modify any or all of the Magistrate Judge’s findings or recommendations.
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(a). In his objections, Plaintiff asserts that he did not
know that he would not receive a snack bag before participating in the fast, because MDOC staff
members have a “reputation of saying one thing while doing another simply to elicit a response
from prisoners.” Plaintiff also disagrees with Magistrate Judge Greeley’s conclusion that Plaintiff
did in fact participate in the fast, so he cannot argue that his religious rights were violated.
Plaintiff states that he did not have the money to afford snacks from the store. Finally, Plaintiff

asserts that he properly asserted a “class of one” equal protection claim. Plaintiff’s objections
are without merit. Plaintiff has not alleged that he was prevented from participating in the fast;
instead, he alleges that he was prevented from receiving snack bags during the fast. Plaintiff
therefore cannot show that he suffered an injury. Plaintiff has not shown that his RLUIPA or
First Amendment free exercise rights were violated. Plaintiff failed to argue that Defendants
acted with a discriminatory purpose, and thus failed to support his Equal Protection claim.
Defendants’ motion for summary judgment [Doc. No. 69] is GRANTED. Magistrate
Judge Greeley’s R&R [Doc. No. 84] is APPROVED and ADOPTED as the opinion of the Court
pursuant to 28 U.S.C. § 636(b)(1) and W.D. Mich. L. Civ. R. 72.3(b). Plaintiff’s motion to appoint
counsel [Doc. No. 62]; motion for a temporary restraining order [Doc. No. 74]; motion for writ of
habeas corpus [Doc. No. 77]; and proposed order [Doc. No. 80] are DENIED AS MOOT.
Plaintiff’s complaint is DISMISSED WITH PREJUDICE in its entirety. A Judgement consistent
with this Memorandum and Order will be entered.
SO ORDERED.

Dated:

3/31/2014

/s/ R. Allan Edgar
R. Allan Edgar
United States District Judge

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