ABDUL-MATEEN v. VICKI PHIPPS, 7:11CV00051. (2012)
Court: District Court, W.D. Virginia
Number: infdco20120224e43
Visitors: 7
Filed: Feb. 22, 2012
Latest Update: Feb. 22, 2012
Summary: ORDER GLEN E. CONRAD, Chief District Judge. In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. Plaintiffs motion to amend to rephrase his request for relief in the complaint is GRANTED, and the complaint is amended as stated in the motion (ECF No. 45); 2. Nurse Phipps' motion to dismiss (ECF No. 19) is GRANTED IN PART AND DENIED IN PART, such that the motion is DENIED as to plaintiffs claims for injunctive relief under 42 U.S.C.
Summary: ORDER GLEN E. CONRAD, Chief District Judge. In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. Plaintiffs motion to amend to rephrase his request for relief in the complaint is GRANTED, and the complaint is amended as stated in the motion (ECF No. 45); 2. Nurse Phipps' motion to dismiss (ECF No. 19) is GRANTED IN PART AND DENIED IN PART, such that the motion is DENIED as to plaintiffs claims for injunctive relief under 42 U.S.C. ..
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ORDER
GLEN E. CONRAD, Chief District Judge.
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
as follows:
1. Plaintiffs motion to amend to rephrase his request for relief in the complaint is GRANTED, and the complaint is amended as stated in the motion (ECF No. 45);
2. Nurse Phipps' motion to dismiss (ECF No. 19) is GRANTED IN PART AND DENIED IN PART, such that the motion is DENIED as to plaintiffs claims for injunctive relief under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), against Phipps in her official capacity, and as to his claims for monetary damages under § 1983, against Phipps in her individual capacity, for violating plaintiffs right to free exercise of his religious beliefs; but Phipps' motion is otherwise GRANTED;
3. Plaintiffs motion for partial summary judgment (ECF No. 33) is TAKEN UNDER ADVISEMENT; and
4. Defendant Phipps is DIRECTED to submit within ten (10) days from entry of this order (a) her response to plaintiffs motion for partial summary judgment (ECF No. 33) and any additional dispositive motion on her own behalf; and plaintiff will then have ten (10) days thereafter to respond to Phipps' submissions.
The clerk will send a copy of this order to plaintiff and to counsel of record for the defendants.
Source: Leagle
