GALLOWAY v. WALTON et al

Filing 61

ORDER granting in part and denying in part 46 Motion to Dismiss for Failure to State a Claim. Said motion is granted to the extent that Plaintiff's claim under the Religious Freedom Restoration Act of 1993 is dismissed with prejudice, but is denied in all other respects; adopting Report and Recommendations re 59 Report and Recommendations. This matter is referred back to US Magistrate Judge Maureen P. Kelly for further proceedings. Signed by Judge Nora Barry Fischer on 4/19/2021. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS R. GALLOWAY, JR.,
Plaintiff,
v.
JOHN R. WALTON, et al.,
Defendants.

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Civil Action No. 20-611
Senior Judge Nora Barry Fischer

MEMORANDUM ORDER
The above captioned case was initiated by pro se Plaintiff Thomas R. Galloway on April
27, 2020, and was referred to United States Magistrate Judge Maureen P. Kelly for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local
Rules of Court. (Docket No. 1). Plaintiff submitted his Second Amended Complaint on
November 23, 2020. (Docket No. 30). Defendants filed a Motion to Dismiss and Brief in
Support on January 12, 2021. (Docket Nos. 46; 47). Plaintiff filed a Brief in Opposition on
February 11, 2021. (Docket No. 55). Thereafter, on March 23, 2021, the Magistrate Judge
issued a Report recommending that the Motion to Dismiss be granted, in part, and denied, in
part, established a deadline for objections within 14 days. (Docket No. 59). Neither party filed
objections by the deadlines for registered ECF users of April 6, 2021 nor unregistered ECF users
of April 9, 2021.
After de novo review of the pleadings and documents in this case, the allegations in
Plaintiff’s Second Amended Complaint, Defendants’ Motion and the briefing thereon, together
with the Report and Recommendation, and the lack of any Objections by the parties, the
following order is entered:
AND NOW, this 19th day of April, 2021:

IT IS HEREBY ORDERED that the Report and Recommendation [59] dated March 23,
2021 is ADOPTED as the Opinion of the Court;
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss [46] is GRANTED, in
PART and DENIED, in PART. Said motion is granted to the extent that Plaintiff’s claim under
the Religious Freedom Restoration Act of 1993 is DISMISSED, with prejudice, but is denied in
all other respects; and,
FINALLY, IT IS ORDERED that this matter is referred back to U.S. Magistrate Judge
Maureen P. Kelly for further pretrial proceedings.

BY THE COURT:
s/Nora Barry Fischer
Nora Barry Fischer
Senior U.S. District Judge

cc:

THOMAS R. GALLOWAY, JR.
3442020
Westmoreland County Prison
3000 South Grande Blvd.
Greensburg, PA 15601
(via first class mail)

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