Case: Kinslow v. New Mexico Corrections Dept.

6:07-cv-01164 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 16, 2007

Clearinghouse coding complete

Case Summary

A prisoner incarcerated at the Southern New Mexico Correctional Facility brought this action pro se in the District of New Mexico (Judge Martha Vasquez) on November 16, 2007. Plaintiff, who is one-eighth ethnically Potawatomi Native American, alleged that officials at the facility refused to allow him access to the Sweat Lodge area of the facility in order to practice his Potawatomi religious beliefs because he appeared to be white. This denial adhered to New Mexico Corrections Department Policy CD-101100, which restricted the practice of any Native American religions to people who could prove that they were racially descended from an American Indian tribe. Plaintiff obtained a Member Identification Card from the Tribal Rolls Director for the Potawatomi Tribe and presented this to prison officials as proof of his ethnicity, but his request to practice his Potawatomi religious beliefs was still denied. After filing a claim with the Risk Management Division of the facility, Plaintiff was allowed access to the Sweat Lodge but was denied any of the required items and materials he needed in order to perform his religious rituals.

Plaintiff claimed that the prison's policy of restricting the practice of Native American religious ceremonies to persons who can persons who can prove Native American ancestry constituted an unreasonable and substantial burden on his free exercise of the religion of his choice based upon his race, in violation of his statutory rights under 42 U.S.C. § 2000. He further claimed that the prison's policy violated his fundamental rights under the Free Exercise Clause of the First Amendment and entitled him to relief under 42 U.S.C. § 1983 for racial discrimination. He also sought relief under the New Mexico Religious Freedom Restoration Act, the Native American Counseling Act, and the Free Exercise Clause of the State Constitution, entitling him to injunctive relief and monetary damages.

On January 28, 2010, Plaintiff filed a motion for preliminary injunction, claiming that there was more than a substantial likelihood that he would ultimately prevail on the merits, there was a greater injustice to him if the injunction was denied than harm to the defendants if the injunction was granted, and granting the injunction would not disserve the public interest. Between the time the motion was filed and the August 29, 2008 order on the motion, Plaintiff was moved to a new facility, so the request for preliminary injunction against the officials of his former facility was denied as moot.

On June 9, 2008, Plaintiff moved for Partial Summary Judgment, stating that the defendants admitted in their answer that they have a policy of imposing a racial screening test on prisoners before allowing them to practice Native American religions. On September 30, 2008, the court granted this motion in part and denied it in part. The court granted summary judgment on Plaintiff's First Amendment claim under 42 U.S.C. § 1983, stating that he put forth sufficient evidence that his religious activities were substantially burdened in not being allowed access to the Sweat Lodge or the necessary materials to perform his religious ceremonies and that the prison officials failed to put forth evidence of any legitimate penological interests to justify their actions. Plaintiff was granted summary judgment on his claims under the New Mexico Religious Freedom Restoration Act, §§ 28-22-1, et seq., for the same reasons. Plaintiff was denied the claim that prison officials discriminated against him by requiring him to prove his Native American heritage. The court also denied Plaintiff's claim under the Religious Land Use and Institutionalized Persons Act. The court awarded Plaintiff $100 in nominal damages for the violations § 1983 and the New Mexico Religious Freedom Restoration Act.

A bench trial on the remaining issues was scheduled for March 16, 2009, at which Holland & Hart LLP were appointed to represent Plaintiff pro bono. However, the parties reached a settlement before trial. The settlement agreement granted Plaintiff access to the Sweat Lodge several times a month with certain quantities of religious materials. Defendants also promised that plaintiff would be allowed access to these privileges if he were transferred to a new prison in the future. The parties stipulated to a dismissal of the case filed on April 16, 2009.

After the settlement, Plaintiff brought a motion for an Order for Relief from Judgment Pursuant to Rule 60 of the Federal Rules of Civil Procedure on January 6, 2010. Plaintiff complained that after the settlement had been reached, the New Mexico Corrections Department transferred him to a prison in Florida, where the terms of the settlement were not adhered to, he was not allowed to practice his religion and was separated from the items necessary to practice his religion. In his report on the motion, Chief Magistrate Judge Richard L. Puglisi stated that the court did not have authority to enforce the settlement agreement and recommended the motion be denied. This motion was ultimately withdrawn, however, with assistance from Plaintiff's court-appointed counsel and settled out of court. In the final order on January 26, 2010, Chief Magistrate Judge Richard L. Puglisi found as moot plaintiffs Motion for Relief and granted plaintiff's Motion to Withdraw Motion for Relief.

Summary Authors

David Priddy (7/1/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5465187/parties/kinslow-v-new-mexico-corrections-department/

Judge(s)

Puglisi, Richard L. (New Mexico)

Attorney for Plaintiff

Martinez, Kristina (New Mexico)

Montano, Larry J. (New Mexico)

Attorney for Defendant

Beach, Terri S (New Mexico)

Elizondo, Carlos (New Mexico)

Judge(s)

Puglisi, Richard L. (New Mexico)

Vázquez, Martha Alicia (New Mexico)

Attorney for Plaintiff

Martinez, Kristina (New Mexico)

Montano, Larry J. (New Mexico)

Sutphin, Robert J. Jr. (New Mexico)

Attorney for Defendant

Beach, Terri S (New Mexico)

Elizondo, Carlos (New Mexico)

Robles, Luis E. (New Mexico)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

6:07-cv-01164	Docket	Jan. 26, 2010	Jan. 26, 2010 Docket
1 6:07-cv-01164	Complaint	Nov. 16, 2007	Nov. 16, 2007 Complaint
5 6:07-cv-01164	Motion for Preliminary Injunction with Incorporated Memorandum of Law	Jan. 28, 2008	Jan. 28, 2008 Pleading / Motion / Brief
17 6:07-cv-01164	Motion for Partial Summary Judgment	June 9, 2008	June 9, 2008 Pleading / Motion / Brief
18 6:07-cv-01164	Defendants Response to Plaintiff's Motion for Partial Summary Judgment	July 1, 2008	July 1, 2008 Pleading / Motion / Brief
20 6:07-cv-01164	Plaintiff's Reply to the Defendant's Response to Motion for Partial Summary Judgment	July 14, 2008	July 14, 2008 Pleading / Motion / Brief
30 6:07-cv-01164	Magistrate Judge's Report and Recommendation	Aug. 12, 2008	Aug. 12, 2008 Magistrate Report/Recommendation
42 6:07-cv-01164	Magistrate Judge's Second Report and Recommendation	Sept. 2, 2008	Sept. 2, 2008 Magistrate Report/Recommendation
47 6:07-cv-01164	Magistrate Judge's Third Report and Recommendation	Sept. 22, 2008	Sept. 22, 2008 Magistrate Report/Recommendation
84 6:07-cv-01164	Motion for Relief Pursuant to Rule 60 of the Federal Rules of Civil Procedure	Jan. 6, 2010	Jan. 6, 2010 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5465187/kinslow-v-new-mexico-corrections-department/

Last updated Oct. 29, 2026, 9:12 p.m.

Docket for: Kinslow v. New Mexico Corrections Department

ECF Number	Date	Description	Link
1	Nov. 16, 2007	CIVIL RIGHTS COMPLAINT against all defendants, filed by Jimmy Kinslow.(nm) (Entered: 11/19/2007)	RECAP
2	Nov. 16, 2007	MOTION for Leave to Proceed in forma pauperis by Jimmy Kinslow. (nm) (Entered: 11/19/2007)	RECAP
	Nov. 16, 2007	Judge Martha Vazquez and Richard L. Puglisi assigned. (nm)
3	Nov. 27, 2007	ORDER Granting Motion for Leave to Proceed in forma pauperis by Magistrate Judge Richard L. Puglisi (caw) (Entered: 11/27/2007)	RECAP
4	Dec. 10, 2007	Filing fee: $ 11.40, receipt number 2061 (ln) Additional attachment(s) added on 12/10/2007 (Nevins, Lisa). (Entered: 12/10/2007)	RECAP
5	Jan. 28, 2008	MOTION for Preliminary Injunction with incorporated memorandum of law by Jimmy Kinslow. (ln) (Entered: 01/28/2008)	RECAP
6	Feb. 1, 2008	Filing fee: $ 338.60, receipt number 2623 (ln) Additional attachment(s) added on 2/4/2008 (Nevins, Lisa). (Entered: 02/04/2008)	RECAP
7	Feb. 22, 2008	Letter by Jimmy Kinslow (ln) (Entered: 02/25/2008)	RECAP
9	Feb. 22, 2008	NOTICE re verified statement for exhaustion of administrative remedies with attached exhibits by Jimmy Kinslow (Attachments: # 1 continuation of exhibits)(ln) (Entered: 02/25/2008)	RECAP
8	Feb. 25, 2008	ORDER re 1 Complaint filed by Jimmy Kinslow by Magistrate Judge Richard L. Puglisi (caw) (Entered: 02/25/2008)	RECAP
10	March 25, 2008	WAIVER OF SERVICE Returned Executed by German Franco. German Franco waiver sent on 3/21/2008, answer due 5/20/2008. (ln) (Entered: 03/25/2008)	RECAP
11	March 25, 2008	WAIVER OF SERVICE Returned Executed, Lupe Marshall waiver sent on 3/21/2008, answer due 5/20/2008. (ln) (Entered: 03/25/2008)	RECAP
12	March 25, 2008	WAIVER OF SERVICE Returned Executed, Mike Heredia waiver sent on 3/21/2008, answer due 5/20/2008. (ln) (Entered: 03/25/2008)	RECAP
13	March 25, 2008	WAIVER OF SERVICE Returned Executed, Joe Williams waiver sent on 3/21/2008, answer due 5/20/2008. (ln) (Entered: 03/25/2008)	RECAP
14	March 25, 2008	WAIVER OF SERVICE Returned Executed, Jeff Mulac waiver sent on 3/21/2008, answer due 5/20/2008. (ln) (Entered: 03/25/2008)	RECAP
15	May 20, 2008	Answer to Inmate Petition, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 1 Complaint filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 05/20/2008)	RECAP
16	June 4, 2008	ORDER by Magistrate Judge Richard L. Puglisi directing Defendants to submit Martinez Report, as described herein, no later than 7/7/2008. (caw) Modified text on 6/5/2008 (kdf). (Entered: 06/04/2008)	RECAP
17	June 9, 2008	MOTION for Partial Summary Judgment by Jimmy Kinslow. (kdf) (Entered: 06/09/2008)	RECAP
18	July 1, 2008	Defendants RESPONSE to Plaintiff's re 17 MOTION for Partial Summary Judgment, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 17 MOTION for Partial Summary Judgment filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 07/01/2008)	RECAP
19	July 7, 2008	MARTINEZ REPORT, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 1 Complaint filed by Jimmy Kinslow. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 2contd-3, # 3 Exhibit 4-5)(Elizondo, Carlos) (Entered: 07/07/2008)	RECAP
20	July 14, 2008	REPLY to Response to Motion re 17 MOTION for Partial Summary Judgment filed by Jimmy Kinslow. (ln) (Entered: 07/15/2008)	RECAP
21	July 17, 2008	RESPONSE AND OBJECTIONS with attached Affidavits re 19 Martinez Report,, filed by Jimmy Kinslow. Related document: 19 Martinez Report, filed by German Franco, Lupe Marshall, Mike Heredia, New Mexico Corrections Department, Joe Williams, Jeff Mulac. (Attachments: # 1 Continuation of Exhibits)(ln) (Entered: 07/17/2008)	RECAP
22	July 21, 2008	ORDER FOR SUPPLEMENTAL MARTINEZ REPORT by Magistrate Judge Richard L. Puglisi. Supplemental Martinez Report shall be submitted by 8/4/2008. (caw) (Entered: 07/21/2008)	RECAP
23	July 28, 2008	MOTION for Emergency Protective Order and for Sanctions to counter retalitory acts by defendants against plaintiff by Jimmy Kinslow. (ln) (Entered: 07/28/2008)	RECAP
24	July 29, 2008	ORDER re 23 MOTION for Protective Order MOTION for Sanctions filed by Jimmy Kinslow by Magistrate Judge Richard L. Puglisi. Response to Plaintiff's Motion for Emergency Protective Order and Sanctions due by 8/4/2008. (caw) (Entered: 07/29/2008)	RECAP
25	July 31, 2008	Supplemental MARTINEZ REPORT, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 1 Complaint filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 07/31/2008)	RECAP
26	Aug. 4, 2008	NOTICE of Hearing: Evidentiary Hearing set for 8/26/2008 02:00 PM in Albuquerque - 560 Cimarron Courtroom before Magistrate Judge Richard L. Puglisi. (caw) (Entered: 08/04/2008)	RECAP
27	Aug. 4, 2008	Defendants RESPONSE re 23 MOTION for Protective Order MOTION for Sanctions, 24 Order, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 23 MOTION for Protective Order MOTION for Sanctions filed by Jimmy Kinslow, 24 Order. (Attachments: # 1 Exhibit A1-D)(Elizondo, Carlos) (Entered: 08/04/2008)	RECAP
28	Aug. 5, 2008	ORDER re 26 setting Evidentiary Hearing on the three pending motions on 8/26/08 @ 2:00 p.m. by Magistrate Judge Richard L. Puglisi. (caw) Modified text re: hearing on 8/7/2008; also to reflect that the portion of the Order re: Writ is withdrawn (dds). (Entered: 08/05/2008)	RECAP
29	Aug. 5, 2008	NOTICE of Change of Address by Jimmy Kinslow (ln) (Entered: 08/05/2008)	RECAP
30	Aug. 12, 2008	REPORT AND RECOMMENDATIONS re 23 MOTION for Protective Order MOTION for Sanctions filed by Jimmy Kinslow, 5 MOTION for Preliminary Injunction filed by Jimmy Kinslow by Magistrate Judge Richard L. Puglisi. Objections to R&R due by 8/29/2008. (caw) (Entered: 08/12/2008)	RECAP
31	Aug. 12, 2008	MOTION to Appoint Counsel by Jimmy Kinslow. (vv) (Entered: 08/12/2008)	RECAP
32	Aug. 12, 2008	MOTION for Writ of Habeas Corpus ad testificandum by Jimmy Kinslow. (ln) (Entered: 08/12/2008)	RECAP
33	Aug. 13, 2008	ORDER for Transport by Magistrate Judge Richard L. Puglisi (mjm) (Entered: 08/13/2008)	RECAP
34	Aug. 15, 2008	ORDER Denying as Moot 32 Motion for Writ of Habeas Corpus ad testificandum by Magistrate Judge Richard L. Puglisi. (caw) (Entered: 08/15/2008)	RECAP
35	Aug. 15, 2008	Plaintiff's RESPONSE re 25 to NMCD's Supplemental Martinez Report. (ciy) Modified text on 8/18/2008 (ciy). (Entered: 08/15/2008)	RECAP
36	Aug. 15, 2008	Plaintiff's OBJECTIONS re 30 REPORT AND RECOMMENDATIONS re 23 MOTION for Protective Order MOTION for Sanctions filed by Jimmy Kinslow, 5 MOTION for Preliminary Injunction filed by Jimmy KinslowREPORT AND RECOMMENDATIONS re 23 MOTION for Protective Order MOTION for Sanctions filed by Jimmy Kinslow, 5 MOTION for Preliminary Injunction filed by Jimmy Kinslow by Jimmy Kinslow (ciy) (Entered: 08/15/2008)	RECAP
37	Aug. 18, 2008	MOTION to Clarify 30 Magistrate Judge's Report and Recommendations by Jimmy Kinslow. (ln) (Entered: 08/18/2008)	RECAP
38	Aug. 19, 2008	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction Directed to Defendants New Mexico Corrections Department and Joe Williams by Defendant Jimmy Kinslow. (ciy) (Entered: 08/19/2008)	RECAP
39	Aug. 29, 2008	MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 37 MOTION to Clarify filed by Jimmy Kinslow, 5 MOTION for Preliminary Injunction filed by Jimmy Kinslow by Magistrate Judge Richard L. Puglisi. Objections to R&R due by 9/18/2008. (caw) (Entered: 08/29/2008)	RECAP
40	Aug. 29, 2008	ORDER Denying 31 Motion to Appoint Counsel ; Denying as Moot 23 Motion for Protective Order by Magistrate Judge Richard L. Puglisi. (caw) (Entered: 08/29/2008)	RECAP
41	Aug. 29, 2008	Clerk's Minutes for proceedings held before Magistrate Judge Richard L. Puglisi: Evidentiary Hearing on pending motions held on 8/29/2008. (Tape #FTR Cimarron @ 1:58 p.m.) (dds) (Entered: 08/29/2008)	RECAP
42	Sept. 2, 2008	SECOND REPORT AND RECOMMENDATIONS re 17 MOTION for Partial Summary Judgment filed by Jimmy Kinslow, by Magistrate Judge Richard L. Puglisi. Objections to R&R due by 9/19/2008. (caw) Modified docket text on 9/19/2008 (ln). Modified docket text on 9/22/2008 (Nevins, Lisa). (Entered: 09/02/2008)	RECAP
43	Sept. 10, 2008	OBJECTIONS to 42 Report and Recommendations, filed by Jimmy Kinslow. Related document: 42 REPORT AND RECOMMENDATIONS re 17 MOTION for Partial Summary Judgment filed by Jimmy Kinslow (ln) Modified docket text on 9/22/2008 (ln). (Entered: 09/10/2008)	RECAP
44	Sept. 12, 2008	Defendants' RESPONSE To Plaintiff's re 38 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 38 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 09/12/2008)	RECAP
45	Sept. 15, 2008	REPLY to Response to Motion re 38 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jimmy Kinslow. (ln) (Entered: 09/16/2008)	RECAP
46	Sept. 19, 2008	OBJECTIONS to 42 Report and Recommendations second report, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 42 REPORT AND RECOMMENDATIONS re 17 MOTION for Partial Summary Judgment filed by Jimmy Kinslow.(Elizondo, Carlos) Modified docket text on 9/22/2008 (ln). (Entered: 09/19/2008)	RECAP
47	Sept. 22, 2008	THIRD REPORT AND RECOMMENDATIONS re 38 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jimmy Kinslow, by Magistrate Judge Richard L. Puglisi. Objections to R&R due by 10/9/2008 (mjm) (Entered: 09/22/2008)	RECAP
49	Sept. 30, 2008	ORDER by Chief Judge Martha Vazquez ADOPTING Documents [30 & 31] Report and Recommendation and Supplemental Report and Recommendation; It is further ordered that Document 5 Plaintiff's Motion for Injunctive Relief is DENIED and Document 37 Plaintiff's Motion to Clarify the Report and Recommendation is GRANTED.(kdf) (Entered: 10/03/2008)	RECAP
50	Sept. 30, 2008	ORDER by Chief Judge Martha Vazquez ADOPTING Document 42 Magistrate Judge's Second Report and Recommendation; It is further ordered that Document 17 Plaintiff's Motion for Partial Summary Judgment is granted in part and denied in part as recommended by the Magistrate Judge's Second Report and Recommendation; and that Defendants shall pay Plaintiff the amount of $100.00 for violations of 42 U.S.C. § 1983 and the New Mexico Religious Freedom Restoration Act, §§ 28-22-1, et seq. (kdf) (Entered: 10/03/2008)	RECAP
48	Oct. 2, 2008	OBJECTIONS to 47 Report and Recommendations 3rd report, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 47 REPORT AND RECOMMENDATIONS re 38 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 10/02/2008)	RECAP
51	Oct. 9, 2008	MOTION for Order on costs by Jimmy Kinslow. (ciy) (Entered: 10/09/2008)	RECAP
52	Nov. 3, 2008	ORDER Granting 51 MOTION for Order on costs by Magistrate Judge Richard L. Puglisi. (caw) (Entered: 11/03/2008)	RECAP
53	Nov. 7, 2008	MOTION to Clarify, re: injunction by Jimmy Kinslow. (ciy) (Entered: 11/10/2008)	RECAP
54	Nov. 17, 2008	Defendant's RESPONSE re 53 MOTION to Clarify, filed by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. Related document: 53 MOTION to Clarify filed by Jimmy Kinslow.(Elizondo, Carlos) (Entered: 11/17/2008)	RECAP
55	Nov. 20, 2008	(SUA SPONTE) ORDER APPOINTING COUNSEL by Chief Judge Martha Vazquez (kdf) (Entered: 11/20/2008)	RECAP
56	Nov. 24, 2008	REPLY to Response to Motion re 53 MOTION to Clarify filed by Jimmy Kinslow. (ln) (Entered: 11/24/2008)	RECAP
57	Nov. 25, 2008	MOTION for Declaratory Judgment voiding prison policies as unconstitutional by Jimmy Kinslow. (ln) (Entered: 11/25/2008)	RECAP
58	Dec. 24, 2008	ORDER by Chief Judge Martha Vazquez Adopting the Magistrate Judge's Third Report and Recommendation and Setting the Matter for Trial.(kdf) (Entered: 12/24/2008)	RECAP
59	Dec. 24, 2008	NOTICE of Hearing: Bench Trial set for 2/17/2009 09:00 AM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. Pretrial Conference set for 2/3/2009 01:30 PM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. (kdf) (Entered: 12/24/2008)	RECAP
60	Jan. 7, 2009	NOTICE of Appearance by Larry J Montano, Robert J. Sutphin, Jr., and Kristina Martinez on behalf of Jimmy Kinslow (Montano, Larry) Modified text on 1/8/2009 to include attorneys Sutphin and Martinez (kdf). (Entered: 01/07/2009)	RECAP
61	Jan. 20, 2009	NOTICE of Appearance by Terri S Beach on behalf of all defendants (Beach, Terri) (Entered: 01/20/2009)	RECAP
62	Jan. 20, 2009	NOTICE of Appearance by Luis E. Robles on behalf of all defendants (Robles, Luis) (Entered: 01/20/2009)	RECAP
63	Jan. 20, 2009	Witness List by Jimmy Kinslow. (Montano, Larry) (Entered: 01/20/2009)	RECAP
64	Jan. 20, 2009	Exhibit List by Jimmy Kinslow.. (Montano, Larry) (Entered: 01/20/2009)	RECAP
65	Jan. 20, 2009	MOTION to Extend (other) Certain Pretrial Deadlines (Stipulated) by Jimmy Kinslow, New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. (Beach, Terri) (Entered: 01/20/2009)	RECAP
66	Jan. 21, 2009	ORDER by Chief Judge Martha Vazquez granting 65 Stipulated Motion for Extension of Certain PreTrial Deadlines. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/21/2009)	RECAP
67	Jan. 26, 2009	Witness List by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. (Beach, Terri) (Entered: 01/26/2009)	RECAP
68	Jan. 26, 2009	Exhibit List by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac.. (Beach, Terri) (Entered: 01/26/2009)	RECAP
69	Jan. 26, 2009	Exhibit List (Supplemental) by Jimmy Kinslow.. (Montano, Larry) (Entered: 01/26/2009)	RECAP
70	Jan. 28, 2009	ORDER by Chief Judge Martha Vazquez vacating the Pre-Trial Conference scheduled for 1:30 p.m. on February 3, 2009. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/28/2009)	RECAP
71	Jan. 30, 2009	ORDER Cancelling Deadline by Chief Judge Martha Vazquez. At the request of counsel, the bench trial scheduled for February 17, 2009, is hereby vacated. A separate Order will be entered setting a new trial date. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/30/2009)	RECAP
72	Feb. 2, 2009	NOTICE OF HEARING - Bench Trial set for 3/16/2009 at 9:00 AM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. (laz) (Entered: 02/02/2009)	RECAP
73	Feb. 6, 2009	NOTICE of Hearing - Pretrial Conference set for 3/5/2009 at 1:30 PM in Santa Fe - Judge Martha Vazquez Courtroom before Chief Judge Martha Vazquez. PLEASE NOTE CHANGE IN DATE FROM 3/3/09 to 3/5/09.(laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/06/2009)	RECAP
74	Feb. 17, 2009	Exhibit List Amended by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac.. (Beach, Terri) (Entered: 02/17/2009)	RECAP
75	Feb. 17, 2009	Witness List by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. (Beach, Terri) (Entered: 02/17/2009)	RECAP
76	March 2, 2009	Witness List by Jimmy Kinslow, New Mexico Corrections Department. (Martinez, Kristina) (Entered: 03/02/2009)	RECAP
77	March 2, 2009	Exhibit List by Jimmy Kinslow, New Mexico Corrections Department.. (Martinez, Kristina) (Entered: 03/02/2009)	RECAP
78	March 2, 2009	Proposed Findings of Fact by New Mexico Corrections Department, Joe Williams, Mike Heredia, Lupe Marshall, German Franco, Jeff Mulac. (Beach, Terri) (Entered: 03/02/2009)	RECAP
79	March 2, 2009	Proposed Findings of Fact by Jimmy Kinslow. (Sutphin, Robert) (Entered: 03/02/2009)	RECAP
81	March 5, 2009	Clerk's Minutes for proceedings held before Chief Judge Martha Vazquez: Pretrial Conference - Held on 3/5/2009. (Court Reporter Susan Sperry) (kdf) (Entered: 03/12/2009)	RECAP
80	March 12, 2009	ORDER Cancelling Deadline by Chief Judge Martha Vazquez - Bench Trial set for 3/16/2009 is hereby VACATED. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/12/2009)	RECAP
82	April 16, 2009	STIPULATION of Dismissal by Jimmy Kinslow (Montano, Larry) (Entered: 04/16/2009)	RECAP
83	Jan. 6, 2010	NOTICE of Change of Address by Jimmy Kinslow (ln) (Entered: 01/06/2010)	RECAP
84	Jan. 6, 2010	MOTION for Order for relief from judgment pursuant to Rule 60 by Jimmy Kinslow. (ln) (Entered: 01/06/2010)	RECAP
85	Jan. 11, 2010	MAGISTRATE JUDGE'S FOURTH REPORT AND RECOMMENDATIONS re 84 MOTION for Order filed by Jimmy Kinslow by Chief Magistrate Judge Richard L. Puglisi. Objections to R&R due by 1/25/2010 (cg) (Entered: 01/11/2010)	RECAP
86	Jan. 21, 2010	MOTION to Withdraw Motion for Relief by Jimmy Kinslow. (Montano, Larry) (Entered: 01/21/2010)	RECAP
87	Jan. 26, 2010	ORDER by Chief Magistrate Judge Richard L. Puglisi finding as moot 84 Motion for Relief; finding as moot 85 Magistrate Judge's Fourth Report and Recommendations; granting 86 Motion to Withdraw Motion for Relief. (cg) (Entered: 01/26/2010)	RECAP

show / hide docket entries

Case Details

State / Territory:

New Mexico

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 16, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at the Southern New Mexico Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New Mexico Corrections Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

District of New Mexico 6:07-cv-01164

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Amount Defendant Pays: $100

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Race discrimination

Recommended Citation

Case Summary of Kinslow v. New Mexico Corrections Dept., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11809/ (last updated 7/1/2011).