Deaton v. May et al, No. 2:2013cv00136 - Document 135 (E.D. Ark. 2016)
Court Description: ORDER approving and adopting 126 Proposed Findings and Recommendations as this Court's findings in all respects; granting defendants' 108 motion to dismiss; dismissing Mr. Deaton's Religious Land Use and Institutionalized Persons A ct claim; granting defendants' 113 motion for summary judgment; dismissing without prejudice Mr. Deaton's claims against defendant Jackson for Mr. Deaton's failure to exhaust his administrative remedies prior to filing his claim against defendant Jackson; dismissing with prejudice Mr. Deaton's claims against all other defendants; and denying as moot all other pending motions. Signed by Judge Kristine G. Baker on 2/4/2016. (ljb)
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Deaton v. May et al Doc. 135 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHRISTOPHER DEATON, ADC #143472 PLAINTIFF Case No. 2:13-cv-00136-KGB/JTK LARRY MAY, et al. DEFENDANTS ORDER The Court has received Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 126). Plaintiff Christopher Deaton filed two motions for extension of time to file objections to the Proposed Findings and Recommendations (Dkt. Nos. 130, 133). Mr. Deaton then filed an objection (Dkt. No. 134). The Court grants both of Mr. Deaton’s motions for extension of time to file objections (Dkt. Nos. 130, 133), and the Court considers Mr. Deaton’s objections timely filed (Dkt. No. 134). After careful review of the Proposed Findings and Recommendations, the objections, and a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. It is, therefore, ordered that: 1. the Court grants defendants’ motion to dismiss (Dkt. No. 108), and Mr. Deaton’s Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-1, claim is hereby dismissed. 2. the Court grants defendants’ motion for summary judgment (Dkt. No. 113). Dockets.Justia.com 3. the Court dismisses without prejudice Mr. Deaton’s claims against defendant Jackson for Mr. Deaton’s failure to exhaust his administrative remedies prior to filing his claim against defendant Jackson. 4. the Court dismisses with prejudice Mr. Deaton’s claims against all other defendants. 5. All other pending motions are denied as moot. SO ORDERED this 4th day of February, 2016. ______________________________________ Kristine G. Baker United States District Judge 2
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