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Ellis v. United States

September 28, 2009

KEITH ELLIS, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sean J. Mclaughlin United States District Judge

District Judge McLaughlin

Magistrate Judge Baxter

MEMORANDUM ORDER

I. Relevant Procedural History

Plaintiff Keith Ellis, an individual formerly incarcerated at the Federal Correctional Institution at McKean in Bradford, Pennsylvania, filed this civil rights action on May 27, 2008. This matter was assigned to United States District Judge Sean J. McLaughlin, and was subsequently referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

On June 3, 2009, Magistrate Judge Baxter issued a Report and Recommendation recommending that Defendants' motion to dismiss or, in the alternative, motion for summary judgment, be granted in part and denied in part, as follows:

1. Defendants' motion should be denied with regard to:

a. the requested dismissal of Defendants Sherman and Robare;

b. Plaintiff's FTCA claim against the United States, to the extent Plaintiff raises a claim of simple negligence;

c. Plaintiff's RFRA claims regarding the omission of his name from the call-out list for the 2006 Eid celebration, and the failure and/or refusal to place his name on the call-out list for the Jumu'ah prayer service for a period of three months;

d. Plaintiff's First Amendment free exercise of religion claim;

e. Plaintiff's Fifth Amendment equal protection claim;

f. Plaintiff's retaliation claim; and

g. the individual Defendants' claim of qualified immunity.

2. Defendants' motion should be granted with regard to:

a. the dismissal of Plaintiff's RLUIPA and ...


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