Yasar Qahtan Saud v. Federal BOP, et al.

Summary

The magistrate judge recommends denying Yasar Qahtan Saud’s motions for a temporary restraining order or preliminary injunction concerning religious accommodations at a federal correctional facility. The recommendation concludes that the requested relief is unavailable because Ramadan had ended, Plaintiff had not shown the required elements for injunctive relief, and the Federal Bureau of Prisons is not a proper defendant in a Bivens action. The recommendation also advises dismissing all claims against the Bureau of Prisons and provides fourteen days for objections.

Holdings

1. A Bivens claim may not be brought against a federal agency such as the Federal Bureau of Prisons; the claims against the Bureau should therefore be dismissed.
2. Saud did not satisfy the requirements for a temporary restraining order or preliminary injunction because he could not show immediate and irreparable injury, a substantial likelihood of success on the merits, or all four required injunction factors.
3. Because Saud proceeded in forma pauperis, the complaint was subject to sua sponte screening and dismissal of claims that were frivolous, failed to state a claim, or sought monetary relief from an immune defendant.

Questions Presented

1. Whether the Federal Bureau of Prisons may be sued in a Bivens action.
2. Whether Saud established the requirements for a temporary restraining order or preliminary injunction based on alleged interference with his religious practice.
3. Whether the timing of the request and the expiration of Ramadan prevented meaningful injunctive relief.
4. Whether the claims against the Federal Bureau of Prisons should be dismissed during in forma pauperis screening.

Disposition

other