Godbey v. Wilson et al

Filing 49

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 02/26/14. (cmar, )

IN THE UNITED STATES DISTRICT COURT FOR TH
EASTERN DISTRICT OF VIRGINIA

Alexandria Division

CLERK, U.S. DISTRICT COURT
ALEXANDRIA. VIRrciM.*"7

Walter Thomas Godbey,
Plaintiff,

l:12cvl302(TSE/TRJ)
Eric Wilson, et ah,
Defendants.
MEMORANDUM OPINION

Walter Thomas Godbey, a federal inmate confined in the Eastern District of Virginia and

proceeding pro se, has filed a civil rights action, pursuant to Bivens v. Six Unknown Named
Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Federal Tort Claims Act

("FTCA"), and other authorities, alleging that his rights have been violated by restrictions placed
upon his religious practices. The matter is now before the Court on defendants' Amended Motion
to Dismiss and Amended Motion for Summary Judgment. Plaintiff was provided with the notice
required by Local Civil Rule 7(K) and Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975), and
he filed a Supplemental and Amended Reply on July 12,2013. Defendants submitted a reply to

plaintiffs pleading on August 6, 2013, and plaintiff filed a sur-reply and supporting affidavit on
August 30, 2013. On January 13, 2014, plaintiff filed a pleading captioned as a Supplemental
Motion Pursuant to Fed. R. Civ. P. 15, to which defendants filed a response in opposition on
January 15, 2014. After careful consideration of all of these materials, defendants' Amended

Motion to Dismiss and Amended Motion for Summary Judgment must be granted, and plaintiffs
claims must fail.

Also pending before the Court is plaintiffs Motion for Injunction Pursuant to Fed. R.