Al-Azim et al v. Everett et al

Filing 84

MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge James R. Spencer on 03/22/2017. Copy of Memorandum Opinion mailed to Plaintiff as directed. (ccol, )

IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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RAHEEM S. AL-AZIM, et al..
Plaintiffs,

1

V.

CLERK. U-S- Dv^TRiCT COURT

RICHMOND. VA

Civil Action No. 3:14CV339

J. EVERETT,
Defendants.
MEMORANDUM OPINION

Raheem S. Al-Azim, Charles X, and Victor X ("Plaintiffs"), Virginia inmates proceeding
pro se, have submitted this civil action. The matter is proceeding on the Plaintiffs' Amended

Complaint (ECF No. 36). The following claims remain before the Court:'
Claim 1

(a) "Defendants Clarke,... Hobbs,... and Washington violated [Victor X's

and Al-Azim's] First Amendment[^] right to practice their religion by refusing to
provide them a diet reasonably consistent with How to Eat to Live, Volumes 1

and 2, by the Most Honorable Elijah Muhammad." (Am. Compl. 1.)^
(b) Defendants Clarke, Hobbs, and Washington violated Victor X's and AlAzim's rights under the Religious Land Use and Institutionalized Persons Act

("RLUIPA")'' by failing to provide a diet consistent with How to Eatto Live, (Id
at 10.)

The Court referred Claims 1(a) and 1(b) to the Magistrate Judge for all further proceedings,

including an evidentiary hearing, if necessary. See Al-Azim, 2016 WL 4472964, at *10.

jll^

' By Memorandum Opinions and Orders entered on August 23,2016 and August 3,2015,Inn!
the Court dismissed the majority of Plaintiffs' claims. See Al-Azim v. Everett, No. 14cv339,
2016 WL 4472964, at *10 (E.D. Va. Aug. 23, 2016); Al-Azim v. Everett, No. 14cv339, 2015 WL
4634456, at * 7-8 (E.D. Va. Aug. 3,2015).

^"Congress shall make no law respecting an establishment of religion, orprohibiting the
free exercise thereof

" U.S. Const, amend. I.

^The Court corrects the capitalization, spelling, and punctuation in the quotations from
Plaintiffs' submissions.

Religious Land Use and Institutionalized Persons Act ("RLUIPA") of 2000,42 U.S.C.
§§ 2000cc et seq.

On November 15,2016, the Magistrate Judge conducted an evidentiary hearing onthe
above claims. On March 3,2017, the Magistrate Judge issued a Report and Recommendation
wherein he recommended that the Court dismiss Claims 1(a)and 1(b). (ECF No. 83.) The Court

advised Victor X and Al-Azim that they could file objections to the Report and Recommendation

within fourteen (14) days ofthe date ofentry thereof^
More than fourteen (14) days have elapsed from the entry of the Report and
Recommendation and the Court hasnot received anyobjections. Upon review of the Report and

Recommendation, the Report and Recommendation will be ACCEPTED AND ADOPTED.

Claims 1(a) and 1(b) will be DISMISSED WITH PREJUDICE. The action will be DISMISSED.
An appropriate Order shall issue.

Date: 3

17

Richmond, Virginia

/s/
James R. Spencer

Senior U. S. District Judge

^"The magistrate makes only a recommendation to this court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with this
court." Estrada v. Witkowski, 816 F. Supp. 408,410 (D.S.C. 1993) (citing Mathews v. Weber,

423 U.S. 261,270-71 (1976)). This Court "shall make a de novo determination ofthose portions
ofthe report orspecified proposed findings orrecommendations to which objection ismade." 28
U.S.C. § 636(b)(1). "The filing of objections to a magistrate's report enables the district judge to
focus attention on those issues—^factual and legal—that are at the heart of the parties' dispute."

Thomas v. Arn, 474 U.S. 140,147 (1985). In the absence of a specific written objection, this
Court may adopt a magistrate judge'srecommendation without conducting a denovo review.
See Diamond V. Colonial Life &Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005).