Ramzee v. Wetzel et al
Filing
19
ORDER denying motions to lift stay 12 & 16 & directing matter remains STAYED in acc w/ ct's order of 5/23/16 11 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/16/16. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MYLES RAMZEE,
Plaintiff
v.
PA DOC, et al.,
Defendants
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CIVIL NO. 1:15-CV-2143
(Chief Judge Conner)
ORDER
AND NOW, this 16th day of December, 2016, upon consideration of plaintiff’s
motions (Docs. 12, 16) to lift the stay in this matter1, wherein he claims that the
Department of Corrections (“DOC”) is violating his religious rights as a member of
Muhammad’s Temple of Islam (“MTI”) by not holding a feast at the conclusion of
the December Fast in violation of the Equal Protection Clause, and upon
consideration of plaintiff’s complaint (Doc. 1) wherein he alleges that, as a member
of MTI, defendants have violated his equal protection rights by not permitting
members of MTI to participate in a December Fast, and the court finding that
plaintiff’s present request to participate in an end-of-fast feast is unrelated to the
allegations of the complaint as there are no allegations in the complaint regarding a
feast, and the court noting a DOC Memorandum which states that there will not be
an end-of-fast feast at any State Correctional Institution for those inmates who have
By order dated May 23, 2016, the court granted plaintiff’s motion to stay the
proceedings pending the implementation and completion of the 2016 December
Fast by the Department of Corrections. (Doc. 11).
1
identified as MTI, and that inmates can observe the end of the December Fast by
resuming to eat mainline meals on January 1, 2017, see (Doc. 18-1, DOC
Memorandum regarding the 2016 December Fast, dated October 7, 2016), and
further noting the declaration submitted by defendants stating that there is no
mention of any feast in How to Eat to Live, the foundational teaching underlying
the practice of MTI, see (Doc. 18-1, Declaration of Ulrich Klemm, DOC Religion,
Volunteer and Recreational Services Program Administrator, ¶ 9), and upon
consideration of plaintiff’s lack of prima facie proof that he is being treated
differently from other similarly situated inmates within the DOC, see Vill. of
Willowbrook v. Olech, 528 U.S. 562, 564 (2000) (an equal protection claim can be
brought by a “class of one,” a plaintiff alleging that he has been “intentionally
treated differently from others similarly situated and that there is no rational basis
for the difference in treatment”), see also Williams v. Morton, 343 F.3d 212, 221 (3d
Cir. 2003), and plaintiff has thus failed to establish any reason to lift the stay issued
in this matter, it is hereby ORDERED that:
1.
The motions (Docs. 12, 16) to lift the stay are DENIED.
2.
This matter shall remain STAYED in accordance with the court’s
order dated May 23, 2016. (Doc. 11).
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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