Hammer v. Keeling et al, No. 1:2014cv00008 - Document 48 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION in re 30 MOTION for Summary Judgment. Signed by District Judge James C. Cacheris on 03/03/2015. (c/s to Plaintiff)(jlan)
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Hammer v. Keeling et al Doc. 48 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Gregory Leon Hammer, Plaintiff, I:14cv8 (JCC/MSN) J. Keeling, et al.. Defendants. MEMORANDUM OPINION GregoryLeon Hammer, a Virginia inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. ยง 1983, allegingthat his constitutional rights and rights under the Religious Land Use and Institutionalized Persons Act ("RLUIPA") were violatedwhen he was removed from the Common Fare diet for a temporary period afterhe violated prison rules. The matter is now before the Court on defendants' Motion for Summary Judgment, filed onJuly 31, 2014. Defendants simultaneously filed a supporting memorandum of law with exhibits, and provided plaintiff with the notice required by Local Civil Rule 7(K) and Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975). On September 18, 2014, plaintiff responded byfiling a Motion Opposing Defendants Motion for Summary Judgment, accompanied by a supporting memorandum. Dkt. 40-41. After careful consideration, defendants' Motion for Summary Judgment will be granted, and judgment will be entered in their favor. I. Background The Common Fare Diet was developed by the Virginia Department of Corrections ("VDOC") to meet the religious dietary needs of many faiths. See Acoolla v. Angelone. 2006 Dockets.Justia.com
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