Mills v. McGarry et al, No. 2:2012cv02873 - Document 23 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER finding that the plaintiff's objections with respect to the RLUIPA claim have merit, adopting and incorporating the Magistrate Judge's 17 Proposed Findings and Recommendations with respect to all claims excep t the alleged violation of RLUIPA; dismissing plaintiff's claims except for the alleged violation of RLUIPA; granting plaintiff's 11 MOTION to Proceed Without Prepayment of Fees or Costs; directing the parties to appear for a hearing on the 1 Motion for Emergency Preliminary Injunction on 3/5/2013 at 10 AM in Charleston; the plaintiff may appear by video conference; further directing defendant Glen McGarry, or the highest ranking Aramark employee listed as a defendant to this lawsuit, to appear at the hearing. Signed by Judge Joseph R. Goodwin on 2/26/2013. (cc: attys; any unrepresented party) (rea)