Culver v. Federal Bureau of Prisons, 5:18cv160-TKW-HTC. (2019)
Court: District Court, N.D. Florida
Number: infdco20191021825
Visitors: 34
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: ORDER T. KENT WETHERELL, II , District Judge . This case is before the Court based upon the magistrate judge's Order and Report and Recommendation, which (1) recommended that Plaintiff's claims for monetary relief be dismissed and (2) ordered Plaintiff to show cause why his claims for declaratory and injunctive relief should not be dismissed as moot. See Doc. 43. Plaintiff filed a response to the order to show cause (Doc. 44) and objections to the recommended dismissal of his claims for
Summary: ORDER T. KENT WETHERELL, II , District Judge . This case is before the Court based upon the magistrate judge's Order and Report and Recommendation, which (1) recommended that Plaintiff's claims for monetary relief be dismissed and (2) ordered Plaintiff to show cause why his claims for declaratory and injunctive relief should not be dismissed as moot. See Doc. 43. Plaintiff filed a response to the order to show cause (Doc. 44) and objections to the recommended dismissal of his claims for m..
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ORDER
T. KENT WETHERELL, II, District Judge.
This case is before the Court based upon the magistrate judge's Order and Report and Recommendation, which (1) recommended that Plaintiff's claims for monetary relief be dismissed and (2) ordered Plaintiff to show cause why his claims for declaratory and injunctive relief should not be dismissed as moot. See Doc. 43. Plaintiff filed a response to the order to show cause (Doc. 44) and objections to the recommended dismissal of his claims for monetary relief (Doc. 45). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge's determination that the challenged policy passes constitutional muster because it is reasonably related to legitimate penological interests.
Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. The claims for monetary relief in Plaintiff's amended complaint (Doc. 37) are DISMISSED with prejudice.
3. The case is referred to the magistrate judge to consider Plaintiff's response to the order to show cause and for such additional proceedings as may be necessary.
DONE and ORDERED
Source: Leagle
