Lightner v. Wenderlich

271 F. Supp. 3d 445
CourtDistrict Court, W.D. New York
DecidedSeptember 26, 2017
Docket6:15-CV-6195 EAW
StatusPublished
Cited by5 cases

This text of 271 F. Supp. 3d 445 (Lightner v. Wenderlich) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lightner v. Wenderlich, 271 F. Supp. 3d 445 (W.D.N.Y. 2017).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff Abdul-Latif Lightner (“Plaintiff’), pro se, brings this action against defendant, S. Wenderlich .(“Defendant”), Superintendent of Southport Correctional Facility (“Southport”), where Plaintiff was formerly incarcerated, pursuant to 42 U.S.C. § 1983. The claims that remain at this stage of the proceedings are causes of action 5, 8, 14, 20, 23, and 26.1 Plaintiff alleges that, as a result of his religious designation as a Muslim, Plaintiff was given a diet that did not comport with the dictates of his religion (causes of action 5 and 8) and was denied the ability to participate in an Islamic study correspondence course (causes of action 14 and 26), in violation of the First and Fourteenth Amendments. (Dkt. 8 at 3-8). Plaintiff also alleges that he was denied- the right to participate in congregate religious services, in violation of the First and Fourteenth Amendments (causes of action 20 and 23), but he now asks to withdraw those claims. (Dkt, 21 at 2).

Defendant has ■ filed two separate motions to dismiss the complaint. Defendant moves to dismiss pursuant to Local-Rule of Civil Procedure 5.2(b) on the ground that Plaintiff failed to update his address between January 6, 2017, and February 7, 2017. (Dkt. 25). Defendant also moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), (Dkt. 14). For the reasons-set forth below, Defendant’s motion to dismiss pursuant to Local Rule 5.2(b) is denied. Defendant’s motion to dismiss pursuant to Rule 12(b)(6) is granted in part and denied in part.

BACKGROUND

I. Factual Background

The following facts are drawn from Plaintiffs complaint.

' At the time of the events giving rise to this complaint,. Plaintiff was incarcerated at Southport. (Dkt. 8 at 3-8). Causes of action 5 and 8 concern the diet that Defendant provided Muslim inmates at South-port. (Id.). Plaintiff is a practicing Muslim and therefore requires a religious, dietary accommodation. (Id.). According to Plaintiff, Defendant denied him a diet “in accordance with [his] Islamic faith.” (Id.). Plaintiff alleges that Defendant failed to provide “Halal food” and forced Plaintiff to eat vegetarian meals, “coerefing] [him] into another faith.” (Id.). Plaintiff further alleges that he and other Muslims were not provided a diet containing meat, while inmates of other religions received meals that included meat. (Id.). Plaintiff filed a grievance with Southport on November 25, 2014, which the facility denied. (Id.). On December 15, 2014, Plaintiff appealed the denial of his- grievance to Defendant, and Defendant affirmed the denial. (Id.).

Causes of action 14 and 26 concern th¿ denial of Plaintiffs request to take a desired Islamic study correspondence course. (Id.). Plaintiff requested to participate in a course through Islamic Online University (“IOU”), and Southport denied that request. (Id.). According to Plaintiff, the only opportunities available to him as a result were “secular, Catholic, Christian, or Jewish schools and study.” (Id.). Plaintiff filed a grievance on December 5, 2014, which Southport denied on the basis that IOU is not on the list of accredited institutions, a requirement under DOCCS Directive 4804. (Dkt. 9 at 4).

Causes of action 20 and 23, which Plaintiff asks to withdraw, concern the denial of his request to attend congregate religious services while housed in the Special Housing Unit (“SHU”). (Id.). Plaintiff filed a grievance on December 17, 2014, which was denied. (Id.). Plaintiff appealed the denial of his grievance to Defendant on December. 29, 2014, and Defendant affirmed. (Id.).

II. Proceedings in this Court

Plaintiff filed his original complaint on April 6, 2015. (Dkt. 1). This Court granted Plaintiff leave to proceed informa pauper-is on September 30, 2015. (Dkt. 6), Plaintiff filed his amended complaint on November 30, 2015. (Dkt. 8). On July 11,2016, the Court issued an order dismissing with prejudice certain claims and defendants. (Dkt. 12). The Court allowed Plaintiffs claims against Defendant in his individual capacity under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment to go forward. (Id. at 4).

On September 19, 2016, Defendant moved to dismiss the complaint under Rule 12(b)(6). (Dkt. 14-1; Dkt. 14-2). On September 20, 2016, the Court issued a scheduling order, setting Octobér 17, 2016, as the deadline for. Plaintiff to respond in opposition to Defendant’s motion and October 31, 2016, as the deadline for Defendant to submit a reply. (Dkt. 15). On October 26, 2016, Plaintiff filed a motion for injunc-tive relief (Dkt. 17) and a motion for summary judgment (Dkt. 18). The Court de- ■ nied both motions in an order issued on November 7, 2016. (Dkt. 19). -The Court also issued a revised Scheduling Order, setting December 21, 2016, as the deadline for Plaintiff to-submit papers in opposition to Defendant’s motion to dismiss and setting January 4, 2017, as, the deadline for Defendant to file reply papers. (Id.). The Court stated that it would determine the motion on the papers submitted, without oral argument. (Id.). Plaintiff filed a -response to the motion to dismiss- on December 12, 2016. (Dkt. 21). In his response, Plaintiff requests to withdraw his claims regarding congregate, religious- services, but asks that the Court permit him to pursue those claims at a later date. (Id.). Defendant filed a reply on December 16, 2016. (Dkt. 23). '

On February 6,2017, the Court’s Scheduling Order, entered on September 20, 2016, and mailed to Plaintiff, was returned to the Court as undeliverable. ■ (Dkt. 24). On February 7, 2017, Defendant filed a motion to dismiss pursuant to Local Rule 5.2(d) on the grounds that Plaintiff had not updated his address. (Dkt. 25). On February 21, 2017, the Court entered a Text Order getting March 14, 2017, as the deadline for Plaintiff to respond to the motion to dismiss and setting March 21, 2017, as the deadline for Defendant’s reply. (Dkt. 26). On February 27, 2017,-the Court received Plaintiffs notice of change of address. (Dkt. 27).

DISCUSSION

I. Motion to Dismiss Pursuant to Local Rule 5.2(d)

Local Rule of Civil Procedure 5.2(d) provides as follows:

A party appearing pro se must furnish the Court with a current address at which papers may be served on the litigant. ... The Court' must have a current address at all times. Thus, a pro se litigant -must inform the Court immediately, in writing, of any change of address. Failure .to do so may result in dismissal of the case, with prejudice.

L.R. Civ. P. 5.2(d). On February 6, 2017, mail sent to Plaintiff by the Court was returned as undeliverable (Dkt. 24); however, on February 27, 2017, Plaintiff provided the-Court with an updated address— 8050 Corona Street, District Heights, Maryland 20747 (Dkt. 27). Therefore, Plaintiff has-provided the Court with an address where papers may be served.

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271 F. Supp. 3d 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lightner-v-wenderlich-nywd-2017.