Cobb v. Stephens et al
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 36 Memorandum and Recommendations, to Grant in Part and Deny in Part 28 Supplemental MOTION for Summary Judgment . The Court further Dismisses with Prejudice all claims against Deft Clint Morris. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(srussell, 2)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
CLINT MORRIS, et al,
February 12, 2018
David J. Bradley, Clerk
CIVIL ACTION NO. 2:14-CV-00022
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO GRANT IN PART AND DENY IN PART
DEFENDANTS’ SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT
On January 11, 2018, United States Magistrate Judge B. Janice Ellington issued
her “Memorandum and Recommendation to Grant in Part and Deny in Part Defendants’
Supplemental Motion for Summary Judgment” (D.E. 36). The parties were provided
proper notice of, and opportunity to object to, the Magistrate Judge’s Memorandum and
Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No.
2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 36), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge.
Supplemental Motion for Summary Judgment (D.E. 28) is GRANTED IN PART and
DENIED IN PART. The Court DENIES the motion with respect to Plaintiff’s RLUIPA
grooming policy claim. The Court GRANTS the motion and DISMISSES WITH
PREJUDICE Plaintiff’s RLUIPA claim seeking permission to smoke a personal prayer
pipe and carry his medicine bag at all times. The Court DENIES the motion with respect
to Plaintiff’s First Amendment claims and they are DISMISSED WITH PREJUDICE.
The Court further DISMISSES WITH PREJUDICE all claims against Defendant Clint
ORDERED this 12th day of February, 2018.
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?