Kempvanee v. Skolnik et al

Filing 59

ORDERED that the # 52 Report and Recommendation is well taken and is APPROVED and ADOPTED. FURTHER ORD that Ds' # 36 Motion for summary judgment is GRANTED. The Clerk shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 3/14/2012. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RENO, NEVADA
THOMAS KEMPVANEE,

)
)
Plaintiff,
)
)
vs.
)
)
HOWARD SKOLNIK, et al.,
)
)
Defendant(s).
)
________________________________________)
PRESENT:

3:10-CV–00535-ECR-vVPC
MINUTES OF THE COURT
DATE: March 14, 2012

EDWARD C. REED, JR.

Judicial Assistant:

Candace Knab

U. S. DISTRICT JUDGE
Reporter:

NONE APPEARING

Counsel for Plaintiff(s)

NONE APPEARING

Counsel for Defendant(s)

NONE APPEARING

MINUTE ORDER IN CHAMBERS
On February 13, 2012, the Magistrate Judge filed a Report and
Recommendation (#52) recommending that Defendants’ motion for summary
judgment (#36) be granted. Plaintiff filed objections (#54) to the Report
and Recommendation (#52) on February 22, 2012. Defendants responded (#56) on
March 1, 2012.
Plaintiff’s objections are not well taken and are overruled. The Court
finds that Defendants did not place a substantial burden on Plaintiff’s
religious
exercise
in
violation
of
the
Religious
Land
Use
and
Institutionalized Persons Act (“RLUIPA”) with regard to Plaintiff’s cardboard
altar because Plaintiff was allowed to set up an altar in his cell under
certain restrictions and maintain many other religious artifacts in his cell.
Furthermore, the government has demonstrated a compelling state interest for
restricting sauna/sweat lodge privileges to Native American inmates based on
safety, security, and the prohibitive cost of offering the privilege to a
larger population of inmates.
Finally, the state’s restrictions as to
Plaintiff’s cardboard altar and sauna privileges are reasonably related to
legitimate penological interests as a matter of law.

IT IS, THEREFORE, HEREBY ORDERED that the Magistrate Judge’s Report and
Recommendation (#52) is well taken and is APPROVED and ADOPTED.
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (#36)
is GRANTED.
The Clerk shall enter judgment accordingly.

LANCE S. WILSON, CLERK
By

2

/s/
Deputy Clerk