Ilarraza v. Chuta et al

Filing 34

ORDER: 1) The report and recommendation of M.J. Saporito 31 is ADOPTED.2) Dft Chutas mtn 16 is GRANTED as to the pltfs Religious Land Use and Institutionalized Person Act (RLUIPA) claim.3) The mtn is DENIED as to the pltfs First Amendment claim.4) The matter is remanded to the M.J. for further proceedings.Signed by Honorable Sylvia H. Rambo on 4/3/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JULIO E. RIVERA ILARRAZA,
Plaintiff,
v.
JAMES CHUTA, et al.,
Defendant.

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Civil No. 1:15-cv-2406

Judge Sylvia H. Rambo

ORDER
Presently before the court is a report and recommendation filed by the
magistrate judge (Doc. 31) in which he recommends that the motion to dismiss or
in the alternative motion for summary judgment (Doc. 16) filed by Defendant
James Chuta be granted in part and denied in part. Objections to the report and
recommendation were due on February 27, 2017, and to date, no objections have
been filed. However, on February 24, 2017, Defendant Chuta filed an answer to the
complaint. (Doc. 32.)
Upon review of the facts presented in the complaint and the applicable
law, IT IS HEREBY ORDERED as follows:
1) The report and recommendation (Doc. 31) is ADOPTED.
2) Defendant Chuta’s motion (Doc. 16) is GRANTED as to the plaintiff’s
Religious Land Use and Institutionalized Person Act (“RLUIPA”) claim.
3) The motion is DENIED as to the plaintiff’s First Amendment claim.

4) The matter is remanded to the magistrate judge for further proceedings.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: April 3, 2017

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