Kilgore v. King et al

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Motion for Summary Judgment filed by Malachi Kilgore, 35 Motion for Summary Judgment filed by Cari Gerlicher, John King(Written Opinion). Signed by Judge John R. Tunheim on August 26, 2014. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
MALACHI KILGORE,

Civil No. 13-634 (JRT/FLN)

Plaintiff,
v.

ORDER ON REPORT
AND RECOMMENDATION

JOHN KING et al,
Defendants.
________________________________________________________________________

Malachi Kilgore, #205781, MCF-Stillwater, 970 Pickett Street North,
Bayport, MN 55003, pro se plaintiff,
Jackson Evans, OFFICE OF THE MINNESOTA ATTORNEY
GENERAL, 445 Minnesota Street, Suite 900, St Paul, MN 55101-2127, for
defendants.

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by
United States Magistrate Judge Franklin L. Noel dated August 8, 2014, all the files and
records, and no objections having been filed to the Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for summary judgment [Docket No. 18] is DENIED;
2. Defendants’ motion for summary judgment [Docket No. 35] is GRANTED;
3. Plaintiff’s claim against Defendants in their individual capacities for violation
of the First Amendment’s Free Exercise Clause is DISMISSED with prejudice
insofar as Kilgore argues that the STG designation prevents him from
obtaining central texts, being sent periodicals, and engaging in Parliament

activities; and
4. Plaintiff’s claim against Defendants in their individual capacities for violation
of RLUIPA is DISMISSED with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: August 26, 2014
at Minneapolis, Minnesota.

____s/John R. Tunheim ____
JOHN R. TUNHEIM
United States District Judge