Abdul-Mateenv.Phipps

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISIONFeb 22, 2012
CASE NO. 7:11CV00051 (W.D. Va. Feb. 22, 2012)

CASE NO. 7:11CV00051

02-22-2012

KHALIF ABDUL-MATEEN, Plaintiff, v. VICKIPHIPPS, ET AL., Defendants.


ORDER


By: Glen E. Conrad

Chief United States District Judge

In accordance with the accompanying memorandum opinion, it is hereby

ADJUDGED AND ORDERED

as follows:

1. Plaintiff's 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 plaintiff's 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 plaintiff's right to free exercise of his religious beliefs; but Phipps' motion is otherwise GRANTED;

3. Plaintiff's 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 plaintiff's 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.

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Chief United States District Judge