Tolliver v. Ohio Department of Rehabilitation and Corrections
| 2:2022cv04567 |
| April 18, 2023 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
25
ORDER denying 15 Motion for Order to Show Cause and Emergency Temporary Injunction/Restraining Order and adopting Report and affirming 18 Magistrate Judges Report and Recommendation. Signed by Judge Edmund A. Sargus on 5/13/2024. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
18
REPORT AND RECOMMENDATION issued in that it is RECOMMENDED that 15 Plaintiff's MOTION for Order to Show Cause and Emergency Temporary Injunction/Restraining Order be DENIED. Objections to R&R due by 3/13/2024. Signed by Magistrate Judge Kimberly A. Jolson on 2/28/24. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
14
OPINION AND ORDER - ADOPT AND AFFIRMING Report and Recommendations from the Magistrate Judge, one issued on April 18, 2023 (ECF No. 4 ) and the other on June 14, 2023 (ECF No. 9 ) and denying 7 Motion to Certify as Class Action. Signed by Judge Edmund A. Sargus on 2/16/2024. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
9
REPORT AND RECOMMENDATIONS: The Magistrate Judge RECOMMENDS that the Court DENY Plaintiff's 7 Motion to Certify as Class Action, including his request for appointment of counsel. As to the 8 Amended Complaint it is RECOMMENDED that the Court a) Dismiss all claims raised against the ODRC pursuant to 42 U.S.C. §1983, b) Dismiss all claims raised on behalf of other Muslim inmates, as Plaintiff lacks standing to raise claims on their behalf, c) Dismiss Declarations 15-17 seeking a decl aration that religious groups of which Plaintiff is not a member deserve their own policies, d) Dismiss all claims raised under §1983 alleging that the ODRC policies were not followed as the violation of state policy is outside the scope of 7;1983, e) Allow the following claims to Proceed at this time, and subject to further order of Court: 1) The claim against the ODRC under RLUIPA and 2) The claims against Director Chambers-Smith, Defendants Davis and Urrah, and the John Doe and Jane Doe Defendants, under §1983, RLUIPA, and state law. Objections to R&R due by 6/28/2023. Signed by Magistrate Judge Kimberly A. Jolson on 6/14/2023. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
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REPORT AND RECOMMENDATIONS re 3 Complaint filed by Kevin A. Tolliver: The Magistrate Judge RECOMMENDS that the Court DISMISS a) all claims against the Ohio Department of Rehabilitation and Corrections raised under 42 U.S.C. § 1983; b) all cl aims raised on behalf of other Muslim inmates; c) all claims raised on behalf of groups of which Plaintiff is not a member; d) all claims under § 1983 based on alleged violations of ODRC policy; and e) the claim alleging a denial of Halal or Kos her meals. The Court Should ALLOW the remaining claims to PROCEED at this time and the parties should be prepared to address the issues raised in Section III.F - III.H. Objections to R&R due by 5/2/2023. Signed by Magistrate Judge Kimberly A. Jolson on 4/17/2023. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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