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15-2757 - The Christian Separatist Church Society of Ohio; The Wife of Christ, Prosopopoeia et al v. The Ohio Department of Rehabilitation and Corrections et al


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15-2757 - The Christian Separatist Church Society of Ohio; The Wife of Christ, Prosopopoeia et al v. The Ohio Department of Rehabilitation and Corrections et al
October 1, 2015
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ORDER AND REPORT AND RECOMMENDATIONS re 1 Complaint: The Magistrate Judge RECOMMENDS that Plaintiffs' claims against Defendants in their official capacities and Plaintiffs' claims against the Ohio Department of Rehabilitation and Corrections be dismissed as not cognizable under 42 U.S.C. § 1983. The Magistrate Judge also RECOMMENDS that Plaintiffs' claims against Defendants Mohr, Davis, and Wilson in their individual capacities under 42 U.S.C. § 1983 for violations of 42 U.S.C. §§ 1981, 1985(3) and 1986, and the substantive due process and equal protection requirements of the 14th Amendment be DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. The Magistrate Judge also RECOMMENDS that Plaintiff Christian Separatist Church Society of Ohio's claims under RLUIPA be DISMISSED for lack of standing under the statute. The Magistrate Judge RECOMMENDS that Plaintiff Damron's claims against Defendants under 42 U.S.C. § 1983 for violations of RLUIPA and the First Amendment be DISMISSED as barred by the doctrine of res judicata. The Magistrate Judge FURTHER RECOMMENDS that Plaintiffs' claims under 42 U.S.C. § 1983 for violations of 42 U.S.C. § 2000cc-1 and the First Amendment continue against Defendants Mohr, Davis, and Wilson in their individual capacities. Objections to R&R due by 10/19/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/1/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 5, 2016
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ORDER adopting Report and Recommendations re 4 Report and Recommendations, OVERULLING Plaintiff's Objections. Plaintiffs claims against Defendants in their official capacities and Plaintiffs claims against the Ohio Department of Rehabilitation and Corrections are DISMISSED as not cognizable under 42 U.S.C. § 1983. Plaintiffs claims against Defendants Mohr, Davis, and Wilson in their individual capacities under 42 U.S.C. § 1983 for violations of 42 U.S.C. §§ 1981, 1985(3) and 1986, and the substantive due process and equal protection requirements of the 14th Amendment are DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. Plaintiff Christian Separatist Church Society of Ohio's claims under RLUIPA are DISMISSED for lack of standing under the statute. Plaintiff Damron's claims against Defendants under 42 U.S.C. § 1983 for violations of RLUIPA and the First Amendment are DISMISSED as barred by the doctrine of res judicata. Plaintiffs' claims under 42 U.S.C. § 1983 for violations of 42 U.S.C. § 2000cc-1 and the First Amendment continue against Defendants Mohr, Davis, and Wilson in their individual capacities. Signed by Judge Algenon L. Marbley on 5/5/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 30, 2017
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REPORT AND RECOMMENDATION re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 26 MOTION for Leave to File an Amended Complaint: The Magistrate Judge RECOMMENDS that Defendants' Motion to Dismiss 25 be GRANTED in part and DENIED in part and that Plaintiffs' Motion for Leave to File an Amended Complaint 26 be DENIED. Objections to R&R due by 2/13/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/30/2017. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 17, 2017
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ORDER granting in part and denying in part 25 Motion to Dismiss for Failure to State a Claim; denying 26 Motion for Leave to File; adopting Report and Recommendations re 33 Report and Recommendations. Signed by Judge Algenon L. Marbley on 3/17/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 14, 2017
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REPORT AND RECOMMENDATIONS: It is RECOMMENDED that the Court DENY 41 MOTION for Leave to File Supplemental and Amended Complaints; 47 MOTION for Preliminary Injunction; 40 MOTION for Leave to File Supplemental Complaint filed. Objections to R&R due by 6/28/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on June 14, 2017. (jlk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 1, 2017
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ORDER denying 40 Motion for Leave to File; denying 41 Motion for Leave to File; denying 47 Motion for Preliminary Injunction; adopting Report and Recommendations re 69 Report and Recommendations. Signed by Judge Algenon L. Marbley on 11/1/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 14, 2017
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REPORT AND RECOMMENDATION issued re 82 Defendants' MOTION for Summary Judgment in that it is RECOMMENDED that Defendants Motion for Summary Judgment be DENIED. It is further RECOMMENDED that Plaintiffs claims for money damages against Defendants be DISMISSED. Objections to R&R due by 12/28/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/14/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)