Wagner v. Texas Department of Criminal Justice et al

Filing 72

Order: The Court conducted a de novo review of the relevant portions of the Report and Recommendation and finds that the findings and conclusions of the Magistrate Judge are correct. The Court therefore ADOPTS them as the findings and conclusions of this Court and OVERRULES the Plaintiff's Objection 70 . It is therefore ORDERED: (1) Defendant Baldwin's Partial Motion to Dismiss 40 is GRANTED, and Plaintiff's claims against all of the Defendants under the Texas Religious Fr eedom Restoration Act (TRFRA)_ are DISMISSED WITH PREJUDICE for lack of jurisdiction. (2) Plaintiff's Motion for the State to Produce All Defendants' Addresses 62 , and Plaintiff's Motion for Summary Judgment for Failure to Appear [6 3], are DENIED. (3) Plaintiff's federal claims against the unserved Defendants Archie D. Scarborough, Keith F. Meeks, Richard Burgess, James Finley, Clayton Wheeden, and the Texas Kairos Organization, are DISMISSED without prejudice under Federa l Rule of Civil Procedure 41(b). (4) Pursuant to Federal Rule of Civil Procedure 54(b), the Court finds that there is no just reason for delay in entering final judgment and judgment shall be entered accordingly. (5) Defendant Stanley J. Baldwin s hall, within twenty (20) days of the date of this Order, file an answer or other responsive pleading pursuant to Fed.R.Civ.P.8(b) regarding Plaintiff's claims raised under the First and Fourteenth Amendments, and the RLUIPA. (Ordered by Senior Judge Sam R Cummings on 1/25/2019) (jak)