Cobb v. Stephens et al

Filing 38

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)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION RAYMOND COBB, Plaintiff, VS. CLINT MORRIS, et al, Defendants. § § § § § § § § 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 1/2 documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Defendants’ 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 Morris. ORDERED this 12th day of February, 2018. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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