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Kilgore v. King

United States District Court, D. Minnesota

August 26, 2014

MALACHI KILGORE, Plaintiff,
v.
JOHN KING et al, Defendants.

Malachi Kilgore, #205781, MCF-Stillwater, Bayport, MN, pro se plaintiff,

Jackson Evans, OFFICE OF THE MINNESOTA ATTORNEY GENERAL, St Paul, MN, for defendants.

ORDER ON REPORT AND RECOMMENDATION

JOHN R. TUNHEIM, District Judge.

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 8, 2014, all the files and records, and no objections having been filed to the Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Plaintiff's motion for summary judgment [Docket No. 18] is DENIED;
2. Defendants' motion for summary judgment [Docket No. 35] is GRANTED;
3. Plaintiff's claim against Defendants in their individual capacities for violation of the First Amendment's Free Exercise Clause is DISMISSED with prejudice insofar as Kilgore argues that the STG designation prevents him from obtaining central texts, being sent periodicals, and engaging in Parliament activities; and
4. Plaintiff's claim against Defendants in their individual capacities for violation of RLUIPA is DISMISSED with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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