Hicks v. Pixley et al, No. 1:2016cv00189 - Document 80 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 9/20/2019. (See order for further details).(acha, )Copy sent as directed in the order.
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Hicks v. Pixley et al Doc. 80 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Deonta Jerome Hicks Plaintiff, V. Wendall W.Pixley,^ Defendants. ) ) ) ) ) I:16cvl89(CMH/IDD) ) ) MEMORANDUM OPINION Deonta Jerome Hicks, a Virginia inmate proceeding pro has filed a civil rights action alleging violations of his religious rights under the Religious Land Use and Institutionalized Persons Act(RLUIPA),s^ 42 U.S.C. § 2000cc-2, and the First Amendment,s^42 U.S.C, § 1983. The defendants filed a Second Renewed Motion for Summary Judgment, supported by a legal memorandum in which they incorporate by reference a previously filed supporting affidavit with exhibits (entitled "enclosures").[Dkt. Nos. 47-1,71-72]. Plaintiff received the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975).[Dkt. No. 73]. Plaintiff filed a response, supported by an affidavit, opposing the defendants' motion.[Dkt. Nos. 77-78]. This matter is therefore ripe for adjudication. For the reasons stated below,the defendants' Second Renewed Motion for Summary Judgment will be granted as to both First Amendment claims and to the RLUIPA claim contained in Count 6 of plaintiffs Amended Complaint[Dkt. No. 10], the remainder of plaintiffs RLUIPA claims will be dismissed as moot, and this action will be dismissed. When Hicks filed this lawsuit, he was incarcerated at Sussex 11 State Prison(SUSP). Although he has since transferred facilities, all of his claims stem from activities that occurred while incarcerated at SUSP. He brings six claims under RLUIPA. He alleges that(1) he could Dockets.Justia.com
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