| 2013-03-16 |
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MEMORANDUM ORDER granting in part and denying in part 16 Motion to Dismiss. Defendants motion to dismiss is granted in part and denied in part. Plaintiffs claims against the individual Defendants Mulvey, Agro, Bailey, Williams, Smith and Medina, ar e dismissed in their entirety. Plaintiffs claims for compensatory and punitive damages brought under Section 1983 as against all Defendants are dismissed. Plaintiffs monetary damages claims against the individual Defendants, in their official and ind ividual capacities, pursuant to the RLUIPA, are also dismissed. The foregoing dismissals are with prejudice. Plaintiff may file and serve a second amended complaint adding factual detail to his Halal meal claim. Plaintiff has 30 days from the date of this Order to file and serve this amended complaint, adding facts specifying the occasion(s) and circumstances in which Plaintiff contends that he personally has been denied a Halal meal and the impact of that denial on the practice of his religion. The second amended complaint will replace completely the current amended complaint, and therefore must include all of the factual allegations and claims that the Plaintiff wants the Court to consider concerning the availability of Halal meals, Jumma h services and religious discrimination. If no such amended complaint is timely filed, the Halal meal claim will be deemed dismissed with prejudice. This Memorandum Order resolves docket entry number 16. This case remains referred to Magistrate Judge Dolinger for general pretrial management. (Signed by Judge Laura Taylor Swain on 3/15/2013) Copies Mailed By Chambers. (ft) |
2013-03-16 09:01:52 |
970dc345223778214408408a4070dab41a11fb61 |