UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 25, 2012
ANGELO BONILLA AND ANTHONY YOUNG, PLAINTIFFS,
ANTHONY J. ANNUCCI, EXECUTIVE DEPUTY COMMISSIONER; JOHN NUTTALL, DEPUTY COMMISSIONER FOR PROGRAM; LUCIEN LECLAIRE, JR., FACILITY OPERATIONS; MARK LEONARD, DIRECTOR OF MINISTERIAL SERVICE; JAMES A. NICHOLS, MID-ORANGE CORRECTIONAL FACILITY; K.F. KELLER, FORMER ACTING SUPERINTENDENT OF MID-ORANGE; AND BRIAN FISCHER, DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
Plaintiffs brought this action pursuant to 42 U.S.C. § 1983. On August 16, 2012, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted in part and denied in part as follows: granted as to defendant James A. Nichols and that he be dismissed from the action; granted as to the First Amendment and Religious Land Use and Institutionalized Persons Act ("RLUIPA") claims based upon the restrictions on displaying Nations of Gods and Earth ("NGE")*fn2 symbols, Universal Flag, and texts; denied as to the First Amendment and RLUIPA claims based upon the restrictions on NGE congregative opportunities and on wearing crowns; denied as to all equal protection claims; and that defendant K.F. Keller be dismissed from the action as the claims against him are now moot. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore it is
1. Defendants' motion for summary judgment is GRANTED in part and DENIED in part;
2. All claims against defendants James A. Nichols and K.F. Keller are DISMISSED;
3. The First Amendment and RLUIPA claims based upon the restrictions on displaying NGE symbols, Universal Flag, and texts are DISMISSED;
4. Defendants' motion for summary judgment is DENIED as follows: (a) The First Amendment and RLUIPA claims based upon the restrictions on NGE congregative opportunities and on wearing crowns; and
(b) The equal protection claims.
IT IS SO ORDERED.