Barros v. Wetzel

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT:1. The Court adopts the Report and Recommendation 63 of Magistrate Judge Saporito; 2. Defendants motion 53 for summary judgment is GRANTED IN PART and DENIED IN PART, as follows: a. D efendants motion for summary judgment is GRANTED as to any construed claim for monetary damages under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); b. Defendants motion for summary judgment is DENIED as to Plaintiffs RLUI PA claim, to the extent it seeks injunctive and declaratory relief; c. Defendants motion for summary judgment is DENIED as to Plaintiffs construed First Amendment claim; 3. Plaintiffs request 48 for preliminary injunction is DENIED; 4. Defendants m otion 67 for referral to the Prisoner Litigation Settlement Program is GRANTED, and the above-captioned action is STAYED pending resolution of the settlement proceedings; and The above-captioned action is referred back to Magistrate Judge Saporito for further pretrial management pending the outcome of the Prisoner Litigation Settlement Program. Signed by Honorable Yvette Kane on 3/29/17. (rw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CESAR BARROS, Plaintiff v. JOHN E. WETZEL, Defendant : : : : : : : No. 14-cv-1746 (Judge Kane) ORDER Before the Court in the above-captioned case is the March 2, 2017 Report and Recommendation of Magistrate Judge Saporito. (Doc. No. 63.) Plaintiff has not filed timely objections to the Report and Recommendation, and Defendant notified the Court on March 23, 2017 of its intent not to file objections. (Doc. No. 66.) ACCORDINGLY, on this 29th day of March 2017, upon review of the record and the applicable law, IT IS ORDERED THAT: 1. The Court adopts the Report and Recommendation (Doc. No. 63), of Magistrate Judge Saporito; 2. Defendant’s motion for summary judgment (Doc. No. 53), is GRANTED IN PART and DENIED IN PART, as follows: a. Defendant’s motion for summary judgment is GRANTED as to any construed claim for monetary damages under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”); b. Defendant’s motion for summary judgment is DENIED as to Plaintiff’s RLUIPA claim, to the extent it seeks injunctive and declaratory relief; c. Defendant’s motion for summary judgment is DENIED as to Plaintiff’s construed First Amendment claim; 3. Plaintiff’s request for preliminary injunction (Doc. No. 48), is DENIED; 4. Defendant’s motion for referral to the Prisoner Litigation Settlement Program (Doc. No. 67), is GRANTED, and the above-captioned action is STAYED pending resolution of the settlement proceedings; and 5. The above-captioned action is referred back to Magistrate Judge Saporito for further pretrial management pending the outcome of the Prisoner Litigation Settlement Program. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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