Evans v. Cisneros

Summary

The document contains findings and recommendations by a magistrate judge in a prisoner civil-rights action under 42 U.S.C. § 1983. The court recommends granting defendants’ amended motion to dismiss the plaintiff’s RLUIPA claims as moot following his release from custody, dismissing Defendant A. Rodriguez, and allowing the First Amendment claims against the remaining defendants to proceed. The parties were given fourteen days to file objections.

Holdings

1. The magistrate judge recommended that Evans's RLUIPA claims for injunctive relief be dismissed as moot because Evans had been released from custody and had no reasonable expectation that the defendants would violate his rights in the future.
2. The magistrate judge recommended dismissing A. Rodriguez because the only cause of action asserted against Rodriguez was the moot RLUIPA claim.
3. The magistrate judge recommended that the action proceed on Evans's First Amendment claims against D. O'Donaughy, R. Moua, F. Barraza Hernandez, and L. Ruiz-Montalvo.

Questions Presented

1. Whether Evans's RLUIPA claims for injunctive relief became moot after his release from custody.
2. Whether defendant A. Rodriguez should be dismissed because the only claim asserted against Rodriguez was the moot RLUIPA claim.
3. Whether the action should otherwise proceed on Evans's First Amendment claims against the remaining defendants.

Disposition

other