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Angelo Bonilla and v. Anthony J. Annucci

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 25, 2012

ANGELO BONILLA AND ANTHONY YOUNG, PLAINTIFFS,
v.
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

ORDERED that

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.


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