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18-005 - Doyle v. USA et al


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18-005 - Doyle v. USA et al
March 16, 2018
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MEMORANDUM OPINION & ORDER: 1. Plaintiff Doyle's construed motion seeking leave to file a supplemental pleading under Fed. R. Civ. P. 15(d) is GRANTED. Doyle's Supplemental Complaint [Record No. 7] is accepted for filing and is deemed to be the operative pleading in this action. 2. Doyle's FTCA claim against the USA is DISMISSED WITH PREJUDICE. 3. Counts 2 and 3 of Doyle's Supplemental Complaint [Record No. 7] are DISMISSED WITH PREJUDICE for failure to state a claim. 4. To the extent that Count 1 of Doyle's Supplemental Complaint [Record No. 7] alleges that the policies of the BOP and USP-McCreary limiting the size of prayer groups to 2-3 inmates is unconstitutional on its face, this claim is DISMISSED WITH PREJUDICE for failure to state a claim. Count 1 of the Supplemental Complaint remains pending only to the extent that Doyle alleges that application of the policies of the BOP and USP-McCreary limiting the size of prayer groups to 2-3 inmates to Doyle violates the RFRA. 5. Doyle's Motion for Preliminary Injunction [Record No. 18] is DENIED. 6. The Clerk shall prepare 5 "Service Packets" for service upon the United States of America and the defendants. 7. The Clerk shall deliver the Service Packets to the USMS in Lexington, KY and note the date of delivery in the docket. 8. The USMS shall serve the USA by serving the U.S. Attorney EDKy and the U.S. Attorney General. 9. The USMS shall serve Dft Mark S. Inch, Director of FBOP by serving the U.S. Attorney EDKy; Attorney General; and FBOP. 10. USMS shall personally serve Dfts J. Ray Ormond (Warden), Lt. B. Messer, and Officer R. Wilson at USP-McCreary in Pine Knot, KY through arrangement with FBOP. 11. Doyle must immediately advise the Clerks Office of any change in his currentmailing address. Failure to do so may result in dismissal of this case. Signed by Judge Danny C. Reeves on 03/16/2018.(KJA)cc: COR, mailed paper copy to pro se filer