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Garnica v. Wash. Dep't of Corrections

United States District Court, W.D. Washington

August 13, 2013

MARCO GARNICA, Plaintiff,
v.
WASHINGTON DEPARTMENT OF CORRECTIONS, ELDON VAIL, RONALD FRAKER, BRENT CARNEY, JAY A. JACKSON, JAMIE CALLEY, Defendants

Page 1251

[Copyrighted Material Omitted]

Page 1252

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Page 1253

Marco Garnica, Plaintiff, Pro se, CONNELL, WA.

For Washington Department of Corrections, Ronald Fraker, Superintendent, Clallam Bay Correction Center, Jamie Calley, Food Manager IV, Clallam Bay Correction Center, Defendants: Candie M Dibble, ATTORNEY GENERAL OF WASHINGTON (Spokane), CORRECTIONS DIVISION, SPOKANE, WA.

For Eldon Vail, Secretary, Department of Corrections, Brent Carney, Dietary Services Manager, Department of Corrections, Jay A Jackson, Food Program Manager, Department of Corrections, Defendants: Candie M Dibble, ATTORNEY GENERAL OF WASHINGTON (Spokane), CORRECTIONS DIVISION, SPOKANE, WA.

OPINION

Page 1254

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE

ROBERT J. BRYAN, United States District Judge.

This matter comes before the court on the Report and Recommendation of the magistrate judge. Dkt. 50. The court has reviewed the relevant documents, including plaintiff's objections (Dkt. 53) and the remaining record.

On June 19, 2013, U.S. Magistrate Judge Karen L. Strombom issued a Report and Recommendation, concluding that (1) plaintiff failed to raise a genuine issue of material fact to establish an Eighth Amendment violation, based upon his consumption of the food provided during the 2010 Ramadan fast; and plaintiff failed to raise a genuine issue of material fact to establish that defendants acted with deliberate indifference to his health and safety; (2) defendants cannot be held liable under RLUIPA for monetary damages; and any request for injunctive relief under RLUIPA is moot; (3) plaintiff failed to raise a genuine issue of material fact as to his claim that the Ramadan 2010 policies and meals burdened the practice of his religion; and (4) plaintiff failed to exhaust his claims relating to the 2010 Eid ul-Fitr Feast. Dkt. 50.

On July 1, 2013, plaintiff filed objections to the Report and Recommendation, arguing that (1) his Eighth Amendment rights were violated when defendants denied him enough calories and nutrition ...


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