Case: Abdulmutallab v. Sessions

1:17-cv-02493 | U.S. District Court for the District of Colorado

Filed Date: Oct. 18, 2017

Closed Date: Sept. 18, 2019

Clearinghouse coding complete

Case Summary

Note: This case was later titled Abdulmutallab v. Barr.A Muslim prisoner in the custody of the United States Penitentiary-Adminstrative Maximum Prison in Florence, CO had gone on a hunger strike because he was denied a Halal diet in the course of his imprisonment. The prison he was housed in force fed him and, allegedly, did not intervene when other prisoners harassed him and other Muslim inmates during their Islamic prayer. The prison placed him under indefinite solitary confinement, and, unde…

Note: This case was later titled Abdulmutallab v. Barr.

A Muslim prisoner in the custody of the United States Penitentiary-Adminstrative Maximum Prison in Florence, CO had gone on a hunger strike because he was denied a Halal diet in the course of his imprisonment. The prison he was housed in force fed him and, allegedly, did not intervene when other prisoners harassed him and other Muslim inmates during their Islamic prayer. The prison placed him under indefinite solitary confinement, and, under special administrative measures (SAMs), he endured extreme conditions of confinement, arbitrarily being denied any communication whatsoever with even his own sister.

On October 18, 2017, he filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued Attorney General Jefferson Sessions, the Federal Bureau of Prisons (BOP), and various agents of the Department of Justice (DOJ) all under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act (RFRA). The plaintiff, represented by private counsel, sought declaratory and injunctive relief as well as attorneys’ fees and costs. He alleged that the defendants violated RFRA and his First, Fifth, and Eighth Amendment rights. The case was initially assigned to Magistrate Judge Gordon P. Gallagher. The case was reassigned to Magistrate Judge Kathleen M. Tafoya on October 23, 2017, and then reassigned again to Magistrate Judge Raymond P. Moore on December 4, 2017. The plaintiff sought injunctive relief to remove his SAMs status, to prohibit defendant Sessions from reimposing SAMs, to require defendant BOP to remove the plaintiff from solitary confinement, and to prohibit defendant BOP from force-feeding the plaintiff or interfering with his First Amendment-protected freedom to practice his religion.

On February 2, 2018, defendant Sessions filed a motion to dismiss and a motion for partial summary judgment. In support of his motion to dismiss, Sessions argued that eleven of the plaintiff’s fourteen claims ought to be dismissed for lack of jurisdiction, failure to exhaust administrative remedies, and failure to state a claim. The court, however, denied both motions for their failure to comply with civil practice standards. On February 5, 2018, Sessions refiled the same motions, but with additions to comply with the court’s request.

On February 22, 2018, the plaintiff moved the court to deny the motion for partial summary judgment, arguing that it was premature because the plaintiff has not been able to conduct discovery. The plaintiff focused this discussion on the defendant's failure to exhaust remedies argument, saying that he wanted more information on that claim.

On April 14, 2018, the plaintiff filed an amended complaint. On May 11, 2018, Sessions renewed his motions to dismiss using similar arguments. The plaintiff again asked the court to either dismiss the motion or defer it until further discovery was completed.

In March of 2019, Magistrate Judge Kathleen M. Tafoya recommended that defendant's motion for summary judgment be partially or fully granted on every complaint. Judge Raymond P. Moore adopted those measures in September and closed the case. Plaintiff's claims were dismissed either due to lack of standing or because the plaintiff did not adequately exhaust his administrative remedies.

Summary Authors

Jake Parker (6/18/2018)

Jack Hibbard (6/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6174685/parties/abdulmutallab-v-sessions/


Judge(s)

Moore, Raymond Paul (Colorado)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Johnson, Gail K. (Colorado)

Kapoor, Amy B. (Colorado)

Randolph, Aurora Lynn (Colorado)

Attorneys(s) for Defendant

Moskowitz, David Z. (Colorado)

Troyer, Robert C (Colorado)

Judge(s)

Moore, Raymond Paul (Colorado)

Tafoya, Kathleen M. (Colorado)

Attorneys(s) for Plaintiff

Johnson, Gail K. (Colorado)

Kapoor, Amy B. (Colorado)

Randolph, Aurora Lynn (Colorado)

Attorneys(s) for Defendant

Moskowitz, David Z. (Colorado)

Troyer, Robert C (Colorado)

Documents in the Clearinghouse

Document

1:17-cv-02493

Docket [PACER]

Nov. 13, 2019

Nov. 13, 2019

Docket
1

1:17-cv-02493

Complaint for Injunctive Relief, Declaratory Relief, and Attorney's Fees

Oct. 18, 2017

Oct. 18, 2017

Complaint
42

1:17-cv-02493

Order

Feb. 8, 2018

Feb. 8, 2018

Order/Opinion
76

1:17-cv-02493

Amended Complaint for Injunctive Relief, Declaratory Relief, and Attorney's Fees

April 14, 2018

April 14, 2018

Complaint
79, 79-3, 79-4

1:17-cv-02493

Motion to Dismiss Amended Complaint

May 11, 2018

May 11, 2018

Pleading / Motion / Brief
80, 80-1, 80-3

1:17-cv-02493

Motion for Partial Summary Judgment

May 11, 2018

May 11, 2018

Pleading / Motion / Brief
120

1:17-cv-02493

Amended Recommendation of United States Magistrate Judge

2019 WL 1058184

March 6, 2019

March 6, 2019

Magistrate Report/Recommendation
121

1:17-cv-02493

Recommendation of United States Magistrate Judge

2019 WL 1064062

March 6, 2019

March 6, 2019

Magistrate Report/Recommendation
133

1:17-cv-02493

Order on Recommendation

Abdulmutallab v. Barr

2019 WL 4463284

Sept. 18, 2019

Sept. 18, 2019

Order/Opinion
132

1:17-cv-02493

Order on Amended Recommendation

Abdulmutallab v. Barr

2019 WL 4463282

Sept. 18, 2019

Sept. 18, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6174685/abdulmutallab-v-sessions/

Last updated May 20, 2022, 4:42 a.m.

ECF Number Description Date Link Date / Link
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rsams, ) (Entered: 10/19/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
1

COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-5764168)Attorney Gail Kathryn Johnson added to party Umar Farouk Abdulmutallab(pty:pla), filed by Umar Farouk Abdulmutallab. (Attachments: # 1 Civil Cover Sheet)(Johnson, Gail) (Entered: 10/18/2017)

1 Civil Cover Sheet

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Oct. 18, 2017

Oct. 18, 2017

PACER
4

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
3

ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 10/23/2017. This case is randomly reassigned to Magistrate Judge Kathleen M. Tafoya for all further proceedings. All future pleadings should be designated as 17-cv-2493-KMT (angar, ) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
6

Acknowledgement of Service on behalf of the United States Attorney's Office (jgonz, ) (Entered: 10/25/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
5

CERTIFICATE of Service by Clerk of Court re 1 Complaint for Service of Process. (Attachments: # 1 US Postal Service Certified Mail Receipt) (rvill, ) (Entered: 10/24/2017)

1 US Postal Service Certified Mail Receipt

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Oct. 24, 2017

Oct. 24, 2017

PACER
7

ORDER Setting Scheduling Conference for 12/26/2017 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 12/19/2017, by Magistrate Judge Kathleen M. Tafoya on 10/25/17. (sgrim, ) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
8

Return Receipt re 5 Certificate of Service by Certified Mail by Clerk of Court to United States Attomey General. (tsher, ) Modified on 12/4/2017 to edit pursuant to incorrect event (tsher, ). (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
12

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Umar Farouk Abdulmutallab All parties do not consent.. (Johnson, Gail) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
11

SUMMONSES issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (jgonz, ) (Entered: 12/01/2017)

1 Summons

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2 Magistrate Judge Consent Form

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Dec. 1, 2017

Dec. 1, 2017

PACER
10

SUMMONS REQUEST as to Jefferson Sessions by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
9

SUMMONS REQUEST as to Bureau of Prisons by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
15

MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/4/2017. (Text Only Entry) (rmsec ) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
14

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 12/4/2017. (Text Only Entry) (rmsec ) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
13

CASE REASSIGNED pursuant to 12 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 17-cv-02493-RM. (Text Only Entry) (jgonz, ) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
18

SUMMONS Returned Executed upon Jefferson Sessions defendant(s) Jefferson Sessions served on 12/7/2017, answer due 2/5/2018. (Attachments: # 1 Exhibit)(Johnson, Gail) (Entered: 12/13/2017)

1 Exhibit

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Dec. 13, 2017

Dec. 13, 2017

PACER
17

SUMMONS Returned Executed upon Bureau of Prisons defendant(s) Federal Bureau of Prisons served on 12/7/2017, answer due 2/5/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Johnson, Gail) (Entered: 12/13/2017)

1 Exhibit

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2 Exhibit

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Dec. 13, 2017

Dec. 13, 2017

PACER
16

ORDER Setting Scheduling Conference for 1/31/2018 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/13/17. (sgrim) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
21

MEMORANDUM regarding 20 MOTION to Stay Discovery and Vacate Scheduling Conference filed by Federal Bureau of Prisons, Jefferson Sessions. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 1/19/2018. Text Only Entry (cpear) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
20

MOTION to Stay Discovery and Vacate Scheduling Conference by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

RECAP
19

NOTICE of Entry of Appearance by David Z. Moskowitz on behalf of Federal Bureau of Prisons, Jefferson SessionsAttorney David Z. Moskowitz added to party Federal Bureau of Prisons(pty:dft), Attorney David Z. Moskowitz added to party Jefferson Sessions(pty:dft) (Moskowitz, David) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
22

MINUTE ORDER: Plaintiff shall file a response to 20 MOTION to Stay Discovery and Vacate Scheduling Conference no later than January 24, 2018. By Magistrate Judge Kathleen M. Tafoya on 1/22/18. Text Only Entry (kmtlc1 ) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
28

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 25 Notice of Entry of Appearance filed by attorney Aurora L. Randolph. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cthom, ) (Entered: 01/25/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
27

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 24 Notice of Entry of Appearance filed by attorney Amy Kapoor. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cthom, ) (Entered: 01/25/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
26

RESPONSE to 20 MOTION to Stay Discovery and Vacate Scheduling Conference filed by Plaintiff Umar Farouk Abdulmutallab. (Attachments: # 1 Exhibit 1)(Johnson, Gail) (Entered: 01/24/2018)

1 Exhibit 1

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Jan. 24, 2018

Jan. 24, 2018

PACER
25

NOTICE of Entry of Appearance by Gail Kathryn Johnson on behalf of Umar Farouk Abdulmutallab (Johnson, Gail) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
24

NOTICE of Entry of Appearance by Gail Kathryn Johnson on behalf of Umar Farouk Abdulmutallab (Johnson, Gail) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
23

Proposed Scheduling Order by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
30

MINUTE ORDER: The Scheduling Conference set for January 31, 2018, is vacated, to be reset, if necessary, after ruling on the 20 MOTION to Stay Discovery, By Magistrate Judge Kathleen M. Tafoya on 1/25/18. Text Only Entry (kmtlc1 ) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
29

REPLY to Response to 20 MOTION to Stay Discovery and Vacate Scheduling Conference filed by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Exhibit 1 - Plea Transcript Excerpts, # 2 Exhibit 2 - Sentencing Transcript Excerpts)(Moskowitz, David) (Entered: 01/25/2018)

1 Exhibit 1 - Plea Transcript Excerpts

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2 Exhibit 2 - Sentencing Transcript Excerpts

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Jan. 25, 2018

Jan. 25, 2018

PACER
33

MINUTE ORDER granting 31 Motion for Extension of Page Limits. Defendants may file a motion to dismiss not to exceed 32 pages. By Magistrate Judge Kathleen M. Tafoya on 1/31/18. Text Only Entry (kmtlc1 ) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
32

MEMORANDUM regarding 31 MOTION for Leave to File Excess Pages filed by Federal Bureau of Prisons, Jefferson Sessions. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 1/31/2018. (Text Only Entry) (rmsec ) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
31

MOTION for Leave to File Excess Pages by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
37

ORDER: This matter is before the Court sua sponte. Defendants Sessions and Federal BOP's Motion for Partial Summary Judgment 35 is hereby STRICKEN for failure to provide a Separate Statement of Undisputed Material Facts ("Statement") as required by Judge Raymond P. Moore's Civil Practice Standards (Section IV.B.2 and Exhibit 1). In addition, for clarification:(1) all material facts which the parties contend are undisputed must be included in their Statement; (2) the parties need not include a statement of undisputed material facts section in their briefs; and (3) the parties' arguments section must refer to the Statement for any factual support (e.g., Statement at ¶¶ 3, 4), and not to any particular exhibit or document for support (e.g., Ex. 1, Shelton Decl. ¶19 & Attach. 6). Defendants may submit a compliant Motion for Partial Summary Judgment on or before February 6, 2018. SO ORDERED by Judge Raymond P. Moore on 2/2/2018. Text Only Entry (rmsec ) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
36

ORDER: Defendants Sessions and Federal BOP's Motion to Dismiss 34, filed pursuant to Fed. R. Civ. P. 12(b), is before the Court sua sponte for failure to comply with Judge Raymond P. Moore's Civil Practice Standards. Specifically, although this District's Local Rules do not require conferral, the Judge's Civil Practice Standards require a party to confer before filing a motion to dismiss. See Civil Practice Standard IV.M(2)(a). The Motion to Dismiss 34 is therefore DENIED WITHOUT PREJUDICE. If, after conferral, refiling is appropriate, Defendants Sessions and Federal BOP are granted leave to refile on or before Thursday, February 8, 2018.SO ORDERED by Judge Raymond P. Moore on 2/2/2018. (Text Only Entry ) (rmsec ) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
35

STRICKEN Partial MOTION for Summary Judgment by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Shelton Declaration, # 2 Ex. 2 - March 2017 SAMs Renewal)(Moskowitz, David) (Entered: 02/02/2018)

1 Ex. 1 - Shelton Declaration

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2 Ex. 2 - March 2017 SAMs Renewal

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Feb. 2, 2018

Feb. 2, 2018

PACER
34

MOTION to Dismiss by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Plea Transcript Excepts, # 2 Ex. 2 - Sentencing Transcript Excerpts, # 3 Ex. 3 - March 2012 SAMs, # 4 Ex. 4 - March 2017 SAMs Renewal, # 5 Ex. 5 - Special Security Unit Institution Supplement, # 6 Ex. 6 - October 2015 Hunger Strike Medical Records)(Moskowitz, David) (Entered: 02/02/2018)

1 Ex. 1 - Plea Transcript Excepts

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2 Ex. 2 - Sentencing Transcript Excerpts

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3 Ex. 3 - March 2012 SAMs

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4 Ex. 4 - March 2017 SAMs Renewal

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5 Ex. 5 - Special Security Unit Institution Supplement

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6 Ex. 6 - October 2015 Hunger Strike Medical Records

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Feb. 2, 2018

Feb. 2, 2018

PACER
41

MEMORANDUM regarding 39 MOTION for Partial Summary Judgment filed by Federal Bureau of Prisons, Jefferson Sessions. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/5/2018. (Text Only Entry) (rmsec ) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
40

MEMORANDUM regarding 38 MOTION to Dismiss filed by Federal Bureau of Prisons, Jefferson Sessions. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/5/2018. (Text Only Entry) (rmsec ) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
39

MOTION for Partial Summary Judgment by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Statement of Undisputed Material Facts, # 2 Ex. 2 - Shelton Declaration, # 3 Ex. 3 - March 2017 SAMs Renewal)(Moskowitz, David) (Entered: 02/05/2018)

1 Ex. 1 - Statement of Undisputed Material Facts

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2 Ex. 2 - Shelton Declaration

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3 Ex. 3 - March 2017 SAMs Renewal

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Feb. 5, 2018

Feb. 5, 2018

PACER
38

MOTION to Dismiss by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Plea Transcript Excepts, # 2 Ex. 2 - Sentencing Transcript Excerpts, # 3 Ex. 3 - March 2012 SAMs, # 4 Ex. 4 - March 2017 SAMs Renewal, # 5 Ex. 5 - Special Security Unit Institution Supplement, # 6 Ex. 6 - October 2015 Hunger Strike Medical Records)(Moskowitz, David) (Entered: 02/05/2018)

1 Ex. 1 - Plea Transcript Excepts

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2 Ex. 2 - Sentencing Transcript Excerpts

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3 Ex. 3 - March 2012 SAMs

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4 Ex. 4 - March 2017 SAMs Renewal

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5 Ex. 5 - Special Security Unit Institution Supplement

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6 Ex. 6 - October 2015 Hunger Strike Medical Records

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Feb. 5, 2018

Feb. 5, 2018

PACER
42

ORDER granting 20 Motion to Stay Discovery... Pending Resolution of Dispositive Motions. All discovery in this action is STAYED pending ruling on the Motion to Dismiss and Motion for Partial Summary Judgment, by Magistrate Judge Kathleen M. Tafoya on 2/8/2018. (jgonz, ) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
43

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Partial Summary Judgment, 38 MOTION to Dismiss by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 02/11/2018)

Feb. 11, 2018

Feb. 11, 2018

PACER
45

MINUTE ORDER granting 43 Motion for Extension of Time to File Responses to Defendants' Motion to Dismiss and Motion for Partial Summary Judgment. Plaintiff shall file his responses no later than March 12, 2108. By Magistrate Judge Kathleen M. Tafoya on 2/12/18. Text Only Entry (kmtlc1 ) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
44

MEMORANDUM regarding 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Partial Summary Judgment, 38 MOTION to Dismiss filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/12/2018. (Text Only Entry) (rmsec ) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
46

MOTION to Intervene by Intervenor Plaintiff Mamdouh Salim. (cthom, ) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
47

MEMORANDUM regarding 46 MOTION to Intervene filed by Mamdouh Salim. Motionsreferred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/21/2018. (Text Only Entry) (rmsec ) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
49

OBJECTION/Appeal of Magistrate Judge Decision to District Court re 42 Order on Motion to Stay, by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
48

MOTION for Discovery Under Rule 56(d) by Plaintiff Umar Farouk Abdulmutallab. (Attachments: # 1 Exhibit 1)(Johnson, Gail) (Entered: 02/22/2018)

1 Exhibit 1

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Feb. 22, 2018

Feb. 22, 2018

PACER
51

Unopposed MOTION to Withdraw as Attorney Amy Kapoor by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
50

MEMORANDUM regarding 48 MOTION for Discovery Under Rule 56(d) filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/23/2018. (Text Only Entry) (rmsec) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
52

MEMORANDUM regarding 51 Unopposed MOTION to Withdraw as Attorney Amy Kapoor filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 2/26/2018. (Text Only Entry) (rmsec ) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
53

MINUTE ORDER granting 51 Motion to Withdraw as Attorney. Attorney Amy B. Kapoor is terminated, by Magistrate Judge Kathleen M. Tafoya on 02/26/2018. (ipark, ) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
55

Unopposed MOTION for Leave to File Excess Pages by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
54

Unopposed MOTION to Stay DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
58

MINUTE ORDER granting in part 54 Motion to Stay Deadline for Plaintiff to Respond to Defendants' Motion for Partial Summary Judgment Pending Final Disposition of Plaintiff's Rule 56(d) Motion. Plaintiff's deadline to respond to the 39 Motion for Partial Summary Judgment is stayed pending ruling on the Rule 56(d) Motion. By Magistrate Judge Kathleen M. Tafoya on 3/7/19. Text Only Entry (kmtlc1 ) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
57

MINUTE ORDER granting 55 Motion for Extension of Page Limit. Plaintiff may file a response to 38 Motion to Dismiss not to exceed 32 pages. By Magistrate Judge Kathleen M. Tafoya on 3/7/18. Text Only Entry (kmtlc1 ) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
56

MEMORANDUM regarding 54 Unopposed MOTION to Stay DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Umar Farouk Abdulmutallab, 55 Unopposed MOTION for Leave to File Excess Pages filed by Umar Farouk Abdulmutallab. Motions referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 3/7/2018. (Text Only Entry) (rmsec ) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
60

Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
59

RESPONSE to 49 Objection/Appeal of Magistrate Judge Decision filed by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
62

MINUTE ORDER granting 60 Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. Plaintiff shall file his response no later than April 11, 2108. No further extensions of this deadline will be permitted. By Magistrate Judge Kathleen M. Tafoya on 3/9/18. Text Only Entry (kmtlc1 ) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
61

MEMORANDUM regarding 60 Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 3/9/2018. (Text Only Entry) (rmsec ) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
63

RESPONSE to 46 MOTION to Intervene filed by Plaintiff Umar Farouk Abdulmutallab. (Attachments: # 1 Exhibit, # 2 Exhibit)(Johnson, Gail) (Entered: 03/12/2018)

1 Exhibit

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2 Exhibit

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March 12, 2018

March 12, 2018

PACER
64

RESPONSE to 46 MOTION to Intervene filed by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
65

RESPONSE to 48 MOTION for Discovery Under Rule 56(d) filed by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Exhibit 1 - Remedy Request 763441)(Moskowitz, David) (Entered: 03/15/2018)

1 Exhibit 1 - Remedy Request 763441

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March 15, 2018

March 15, 2018

PACER
66

REPLY to Response to 48 MOTION for Discovery Under Rule 56(d) filed by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
67

Third MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
71

RESPONSE to 38 MOTION to Dismiss filed by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) Modified on 4/16/2018 to correct document linkage (jgonz, ). (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
70

MOTION for Leave to File First Amended Complaint by Plaintiff Umar Farouk Abdulmutallab. (Attachments: # 1 Exhibit Redlined Version Amended Complaint, # 2 Exhibit Clean Version Amended Complaint)(Johnson, Gail) (Entered: 04/11/2018)

1 Exhibit Redlined Version Amended Complaint

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2 Exhibit Clean Version Amended Complaint

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April 11, 2018

April 11, 2018

PACER
69

NOTICE re 67 Third MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss by Plaintiff Umar Farouk Abdulmutallab (Johnson, Gail) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
68

MEMORANDUM regarding 67 Third MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 4/11/2018. (Text Only Entry) (rmsec ) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
73

MINUTE ORDER granting 67 Motion for Extension of Time to File Response to Motion to Dismiss. The Response is accepted as filed. By Magistrate Judge Kathleen M. Tafoya on 4/12/18. Text Only Entry (kmtlc1 ) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
72

MEMORANDUM regarding 70 MOTION for Leave to File First Amended Complaint filed by Umar Farouk Abdulmutallab. Motion referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 4/12/2018. (Text Only Entry) (rmsec) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
74

STIPULATION re 70 MOTION for Leave to File First Amended Complaint by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
76

AMENDED COMPLAINT against Federal Bureau of Prisons, Jefferson Sessions, filed by Umar Farouk Abdulmutallab.(Johnson, Gail) (Entered: 04/14/2018)

April 14, 2018

April 14, 2018

RECAP
75

MINUTE ORDER granting 70 Motion to Amend Complaint; finding as moot 38 Motion to Dismiss; finding as moot 39 Motion for Partial Summary Judgment; finding as moot 48 Motion for Discovery. Plaintiff shall file his First Amended Complaint no later than April 16, 2018; Defendants shall answer or otherwise respond no later than May 11, 2018. By Magistrate Judge Kathleen M. Tafoya on 4/14/18. Text Only Entry (kmtlc1 ) (Entered: 04/14/2018)

April 14, 2018

April 14, 2018

PACER
78

ORDER: Upon consideration of the Unopposed Motion 77 and the court record, and being otherwise fully advised, the Motion 77 is GRANTED as Defendants have shown good cause for their request. Accordingly, Defendants are granted leave to file a motion to dismiss not to exceed 35 pages and Plaintiff is granted leave to file any response not to exceed 35 pages. SO ORDERED by Judge Raymond P. Moore on 5/9/2018. (rmsec ) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
77

Unopposed MOTION for Leave to File Excess Pages by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
80

MOTION for Partial Summary Judgment by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Statement of Undisputed Material Facts, # 2 Ex. 2 - Shelton Declaration, # 3 Ex. 3 - March 2017 SAMs Renewal)(Moskowitz, David) (Entered: 05/11/2018)

1 Ex. 1 - Statement of Undisputed Material Facts

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3 Ex. 3 - March 2017 SAMs Renewal

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May 11, 2018

May 11, 2018

PACER
79

MOTION to Dismiss Amended Complaint by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Plea Transcript Excepts, # 2 Ex. 2 - Sentencing Transcript Excerpts, # 3 Ex. 3 - March 2012 SAMs, # 4 Ex. 4 - March 2018 SAMs Renewal, # 5 Ex. 5 - Special Security Unit Institution Supplement, # 6 Ex. 6 - October 2015 Hunger Strike Medical Records)(Moskowitz, David) (Entered: 05/11/2018)

1 Ex. 1 - Plea Transcript Excepts

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2 Ex. 2 - Sentencing Transcript Excerpts

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3 Ex. 3 - March 2012 SAMs

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4 Ex. 4 - March 2018 SAMs Renewal

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5 Ex. 5 - Special Security Unit Institution Supplement

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6 Ex. 6 - October 2015 Hunger Strike Medical Records

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May 11, 2018

May 11, 2018

RECAP
86

MEMORANDUM regarding 79 MOTION to Dismiss Amended Complaint filed by Federal Bureau of Prisons, Jefferson Sessions, 80 MOTION for Partial Summary Judgment filed by Federal Bureau of Prisons, Jefferson Sessions. Motions referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 5/14/2018. (Text Only Entry) (rmsec ) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
85

Exhibits in Support of 80 MOTION for Partial Summary Judgment (Exhibit 2 Redacted) by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
84

Exhibits in Support of 79 MOTION to Dismiss Amended Complaint (Exhibit 6 Redacted) by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
83

RESPONSE to 82 Minute Order,,,, 81 Minute Order,,,, by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
82

MINUTE ORDER: This matter is before the Court sua sponte upon consideration of ECF No. 79-6 of Defendants' Motion to Dismiss 79 . As with an attachment to Defendants' Motion for Partial Summary Judgment, this attachment also contains Plaintiff's full date of birth on some of the pages. On other pages, however, only Plaintiff's birth year is disclosed. For the reasons stated in this Court's prior Minute Order 81 regarding Fed. R. Civ. P. 5.2(a) & (b), the Court ORDERS as follows. On or before Friday, May 18, 2018: (1) Defendants shall advise the Court whether Plaintiff's full date of birth is exempt from redaction; and (2) if it is not exempt, Defendants shall refile ECF No. 79-6 with Plaintiff's date of birth redacted in accordance with Rule 5.2(a)(2). In the interim, the Court has directed the Clerk to restrict public access to ECF No. 79-6 under a Level 1 restriction. SO ORDERED by Judge Raymond P. Moore on 5/14/2018. (Text Only Entry) (rmsec ) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
81

MINUTE ORDER: This matter is before the Court sua sponte upon consideration of Attachment 6 to Exhibit 2 (ECF No. 80-2, page 42) of Defendants' Motion for Partial Summary Judgment 80 . In that Attachment, Plaintiff's full date of birth is disclosed. Rule 5.2(a) & (b) of the Federal Rules of Civil Procedure, however, provides that, unless the court orders otherwise or redaction is otherwise exempt, a party making a filing which contains an individual's birth date may include only "the year of the individual's birth." Accordingly, on or before Friday, May 18, 2018, (1) Defendants shall advise the Court whether Plaintiff's full date of birth is exempt from redaction; and (2) if it is not exempt, Defendants shall refile Exhibit 2 with Plaintiff's date of birth redacted in accordance with Rule 5.2(a)(2). In the interim, the Court has directed the Clerk to restrict public access to ECF No. 80-2 under a Level 1 restriction. SO ORDERED by Judge Raymond P. Moore on 5/14/2018. (Text Only Entry) (rmsec ) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
88

MEMORANDUM regarding 87 Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss Amended Complaint, 80 MOTION for Partial Summary Judgment filed by Umar Farouk Abdulmutallab. Motionsreferred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 5/31/2018. (Text Only Entry) (rmsec ) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
87

Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss Amended Complaint, 80 MOTION for Partial Summary Judgment by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
89

MINUTE ORDER granting 87 Motion for Extension of Time to File Responses to Defendants' Motion to Dismiss and Motion for Partial Summary Judgment. Plaintiff shall file responses no later than June 8, 2018. By Magistrate Judge Kathleen M. Tafoya on 6/1/18. Text Only Entry (kmtlc1 ) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
91

Unopposed MOTION to Stay DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
90

MOTION for Discovery Under Rule 56(d) by Plaintiff Umar Farouk Abdulmutallab. (Attachments: # 1 Exhibit)(Johnson, Gail) (Entered: 06/06/2018)

1 Exhibit

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June 6, 2018

June 6, 2018

PACER
92

MEMORANDUM regarding 90 MOTION for Discovery Under Rule 56(d) filed by Umar Farouk Abdulmutallab, 91 Unopposed MOTION to Stay DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Umar Farouk Abdulmutallab. Motions referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 6/7/2018. (Text Only Entry) (rmsec ) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
93

RESPONSE to 79 MOTION to Dismiss Amended Complaint filed by Plaintiff Umar Farouk Abdulmutallab. (Johnson, Gail) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
95

MINUTE ORDER: No later than 6/18/2018, Defendants shall respond to 90 MOTION for Discovery Under Rule 56(d). Plaintiff may file a reply no later than 6/22/2018. By Magistrate Judge Kathleen M. Tafoya on 6/13/18. Text Only Entry (kmtlc1 ) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
94

MINUTE ORDER granting in part and denying in part 91 Motion to Stay Deadline for Plaintiff to Respond to Defendants' Motion for Partial Summary Judgment Pending Final Disposition of Plaintiff's Rule 56(d) Motion. The deadline for the plaintiff to respond is stayed until this court rules on the Rule 56(d) motion, at which time the court will set a deadline for the response. By Magistrate Judge Kathleen M. Tafoya on 6/13/18. Text Only Entry (kmtlc1 ) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
96

RESPONSE to 90 MOTION for Discovery Under Rule 56(d) filed by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Attachments: # 1 Ex. 1 - Remedy Request 763441)(Moskowitz, David) (Entered: 06/18/2018)

1 Ex. 1 - Remedy Request 763441

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June 18, 2018

June 18, 2018

PACER
100

MINUTE ORDER granting 97 Motion for Extension of Time to File Response/Reply ; granting 98 Motion for Leave to File Excess Pages. No later than June 29, 2018, Defendants may file a reply in support of their motion to dismiss not to exceed 22 pages. By Magistrate Judge Kathleen M. Tafoya on 6/19/18. Text Only Entry (kmtlc1 ) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
99

MEMORANDUM regarding 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss Amended Complaint filed by Federal Bureau of Prisons, Jefferson Sessions, 98 Unopposed MOTION for Leave to File Excess Pages filed by Federal Bureau of Prisons, Jefferson Sessions. Motions referred to Magistrate Judge Kathleen M. Tafoya. Entered by Judge Raymond P. Moore on 6/19/2018. (Text Only Entry) (rmsec ) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
98

Unopposed MOTION for Leave to File Excess Pages by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
97

Unopposed MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Dismiss Amended Complaint by Defendants Federal Bureau of Prisons, Jefferson Sessions. (Moskowitz, David) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 18, 2017

Closing Date: Sept. 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Muslim prisoner in the United States Penitentiary–Administrative Maximum in Florence, Colorado.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General Jeff Sessions, Federal

United States, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Excessive force

Language access/needs

Religious programs / policies

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run