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Pogue v. Woodford

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 30, 2009

L. QIY AM POGUE, PLAINTIFF,
v.
JEANNE WOODFORD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On August 26, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. On September 14, 2009, defendants filed objections, on September 28, 2009, plaintiff filed objections, and they were both considered by the undersigned.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 26, 2009, are adopted in full;

2. Defendants' motion to dismiss and for summary judgment (docket #117) is denied insofar as administrative exhaustion is concerned; it is denied for Claim 4 (halal/kosher diet) on the merits (both RLUIPA and First Amendment) for prospective relief purposes; the summary judgment motion is granted on the merits for Claims 1, 2, 3, 5 and 6; and defendants sued in their individual capacity have qualified immunity for Claim 4.

20090930

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