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17-10547 - Goff v. Todd et al


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17-10547 - Goff v. Todd et al
February 27, 2018
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h C. Wilkinson, Jr on 2/27/2018.(mmv)REPORT AND RECOMMENDATIONS: For the following reasons, I recommend that defendants' 10 motion be GRANTED IN PART and DENIED IN PART as follows: (1) Defendants' motion should be GRANTED IN PART in that plaintiff's failure to investigate and retaliation claims should be DISMISSED WITH PREJUDICE. (2) Defendants' motion should be DENIED IN PART as to plaintiff's constitutional and statutory free exercise of religion claims, and defendants should be ordered to file a motion for summary judgment, supported by evidence, with plaintiff provided an opportunity to dispute it. Neither plaintiff nor defendants have provided necessary evidence concerning the prison policy invoked in depriving Goff of his kufi caps, the prison's legitimate penological interest in preventing inmates from wearing kufi caps, and the extent of the policy's impact on plaintiff's exercise of his religious rights. Objections to R&R due by 3/13/2018. Signed by Magistrate Judge Josep
March 21, 2018
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(clc)(NEF: WILKINSON)ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS. IT IS ORDEREDthat defendants' 10 Motion to Dismiss is GRANTED IN PART in that plaintiff's failure to investigate and retaliation claims are DISMISSED WITH PREJUDICE and DENIED IN PART as to plaintiffs free exercise of religion claims. The Magistrate Judge is directed to issue a scheduling order for defendants to file a motion for summary judgment and for plaintiff to file a response. Signed by Judge Martin L.C. Feldman on 3/21/2018.