Thrasher v. Adams et al, No. 2:2019cv01007 - Document 24 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION AND ORDER-The magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the defendants motion for summary judgment is GRANTED as to all claims brought on behalf of someone oth er than the plaintiff and these claims are DISMISSED WITHOUT PREJUDICE. The court FURTHER ORDERS that the defendants motion for summary judgment is GRANTED and the motion is DENIED as to the plaintiffs RLUIPA claims. This matter is REFERRED to the magistrate judge for further proceedings consistent with this opinion. Signed by Judge Abdul K Kallon on 08/14/2020. (AKD)
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Thrasher v. Adams et al Doc. 24 FILED 2020 Aug-14 AM 11:16 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER MICHAEL THRASHER, Plaintiff, v. THOMAS H. WOODFIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-01007-AKK-JHE MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on July 17, 2020, recommending the defendants’ special report be treated as a motion for summary judgment. Doc. 22. The magistrate judge further recommended as follows: (1) the motion be granted as to all claims brought on behalf someone other than the plaintiff and that these claims be dismissed without prejudice; (2) the motion be granted as to defendants Adams and Gordy and to defendants Woodfin and Dunn to the extent they are sued in their individual capacities; (3) the motion be granted to the extent defendants Woodfin and Dunn are sued in their official capacities as to the plaintiff’s First and Fourteenth Amendment claims; and (4) the motion be denied as to the plaintiff’s Religious Land Use and Institutionalized Persons Act claims with referral of the latter back to the magistrate judge for further proceedings. Dockets.Justia.com Id. Although the magistrate judge advised the parties of their right to file specific written objections within fourteen days, the court has not received any objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the defendants’ motion for summary judgment is GRANTED as to all claims brought on behalf of someone other than the plaintiff and these claims are DISMISSED WITHOUT PREJUDICE. The court FURTHER ORDERS that the defendants’ motion for summary judgment is GRANTED as to defendants Adams and Gordy and to defendants Woodfin and Dunn to the extent they are sued in their individual capacities. The court ORDERS that the defendants’ motion for summary judgment is GRANTED to the extent defendants Woodfin and Dunn are sued in their official capacities as to the plaintiff’s First and Fourteenth Amendment claims, and the motion is DENIED as to the plaintiff’s RLUIPA claims. This matter is REFERRED to the magistrate judge for further proceedings consistent with this opinion. DONE the 14th day of August, 2020. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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