Burnett v. Oklahoma Department of Corrections
ORDER ADOPTING REPORT AND RECOMMENDATION 43 , granting Defendant's Motion to Dismiss 27 and Dismissing plaintiff's claims that DOC's Policy OP-30112 violates RLUIPA without prejudice to refiling; and Denying plaintiff's Motion for Leave to Conduct Discovery on Exhaustion of Administrative Remedies 31 , Motion for Temporary Restraining Order 33 , Motion to Compel Discovery 34 , and Motions to Expedite Rulings 40 & 42 as MOOT. Signed by Honorable Vicki Miles-LaGrange on 9/13/2017. (ks)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
STEPHEN CRAIG BURNETT,
OKLAHOMA DEPARTMENT OF
Case No. CIV-16-609-M
On June 22, 2017, United States Magistrate Judge Suzanne Mitchell issued a Report and
Recommendation in this action brought pursuant to the Religious Land Use and Institutionalized
Persons Act (“RLUIPA”). The Magistrate Judge recommended that defendant’s motion to dismiss
be granted on the basis that plaintiff failed to exhaust his administrative remedies on his claim that
DOC’s policy OP-030112 violates RLUIPA because the policy fails to include various religious
items. Further, the Magistrate Judge recommended the Court should sua sponte find that plaintiff’s
claim that OP-030112 violates RLUIPA because of the policy’s religious diet should be dismissed,
because plaintiff lacks standing to seek prospective relief and this Court lacks subject-matter
jurisdiction to hear plaintiff’s claim. The Magistrate Judge further recommended plaintiff’s claims
be dismissed without prejudice. Plaintiff was advised of his right to file his objection on or before
July 12, 2017. On July 10, 2017, plaintiff filed his objection.
Accordingly, upon de novo review, the Court:
ADOPTS the Report and Recommendation [docket no. 43] issued by the Magistrate
Judge on June 22, 2017;
GRANTS Defendant’s Motion to Dismiss [docket no. 27] and DISMISSES
plaintiff’s claims that DOC’s Policy OP-30112 violates RLUIPA without prejudice
to refiling; and
DENIES plaintiff’s Motion for Leave to Conduct Discovery on Exhaustion of
Administrative Remedies [docket no. 31], Motion for Temporary Restraining Order
[docket no. 33], Motion to Compel Discovery [docket no. 34], and Motions to
Expedite Rulings [docket nos. 40 & 42] as MOOT.
IT IS SO ORDERED this 13th day of September, 2017.
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