Warner v. Patterson et al

Filing 125

ORDER dismissing case. Signed by Judge Tena Campbell on 08/26/2013. (tls)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
DANNY LEE WARNER, JR.,
Plaintiff,

ORDER

vs.

Case No. 2:08-cv-519

TOM PATTERSON et al.,
Defendants.

Judge Tena Campbell

On August 22, 2013, the Tenth Circuit Court of Appeals vacated this court’s orders
granting summary judgment in favor of Plaintiff Danny Lee Warner, Jr. (Docket Nos. 81 & 95).
The Tenth Circuit found that Mr. Warner’s claims1 under the Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA), 42, U.S.C. § 2000cc-2(a), were moot because
he left the custody of the Utah Department of Corrections. So, the Tenth Circuit remanded the
case to this court for final dismissal. See Order, Warner v. Patterson, No. 12-4171 (10th Cir.
Aug. 22, 2013).
For the same reasons set forth in the Tenth Circuit’s Order, the court finds that it does not
have jurisdiction over Mr. Warner’s RLUIPA claims, and those claims are HEREBY dismissed.
Because there are no remaining claims, the court directs the Clerk of the Court to close the case.
SO ORDERED this 26th day of August, 2013.
BY THE COURT:

TENA CAMPBELL
United States District Judge

1

A claim for having been denied the use of break-the-fast boxes during a religious holiday
period, and a claim for having been denied access to certain religious publications.