Payne v. Dewitt et al
| Toby Kristopher Payne |
| Michael D. Dewitt, Dustin A Twombly, Justin M O'Connor, Jeffrey J LaFrance, Jr, Allen L Turner, Clayton J Arendall, Alan W Marchant, M Blacklock, C Martinez, B Barnet, Jimmy S Webb, Monte A Griffin, Steven A Sperry, FNU LNU and FNU Boyer |
| 1:2018cv00048 |
| April 9, 2018 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Taylor |
| E. Scott Frost |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
61
Order: The Court has conducted an independent review of the record in this case. The Court finds that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED with the following modification: Plaintiff should be GRANT ED leave to supplement his complaint to request declaratory and injunctive relief with respect to the ongoing effect of his relevant prison disciplinary convictions. For the reasons stated herein, the Court ORDERS: 1. Plaintiff's Motion to S upplement 59 is GRANTED in part as described in this Order. 2. Defendant Lorie Davis, in her official capacity as Director of TDCJ-CID, shall answer or otherwise respond within 14 days of the date of this ORDER, to Plaintiff's remaining RLUI PA claim as supplemented. 3. Defendants' Motion to Dismiss 45 is GRANTED in part. All Plaintiff's claims, except the RLUIPA claim described herein against Lorie Davis in her official capacity, are dismissed with prejudice for failure t o state a claim upon which relief can be granted. 4. All relief not expressly granted is denied and any pending motions are denied. There is no just reason for delay in entering a final judgment and final judgment should be entered as to the above-described Defendants and claims pursuant to the Federal Rule of Civil Procedure 54(b). JUDGMENT SHALL BE ENTERED ACCORDINGLY. (Ordered by Senior Judge Sam R Cummings on 9/9/2019) (jak)
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