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Malik v. Sabree

United States District Court, D. South Carolina, Anderson/Greenwood Division
Mar 13, 2007
C.A. No.: 8:06-319-RBH (D.S.C. Mar. 13, 2007)

Summary

holding that a prisoner's religious practice was not substantially burdened by a lack of halal meat

Summary of this case from VIA v. WILHELM

Opinion

C.A. No.: 8:06-319-RBH.

March 13, 2007


ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce H. Hendricks, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).

The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the defendant's motion for summary judgment is GRANTED and the plaintiff's claim related to Halal Food products be DISMISSED with prejudice and his claims related to observance of the Ramadhaan fast and access to Islamic study materials be dismissed without prejudice.

IT IS SO ORDERED.


Summaries of

Malik v. Sabree

United States District Court, D. South Carolina, Anderson/Greenwood Division
Mar 13, 2007
C.A. No.: 8:06-319-RBH (D.S.C. Mar. 13, 2007)

holding that a prisoner's religious practice was not substantially burdened by a lack of halal meat

Summary of this case from VIA v. WILHELM

finding no substantial burden on free exercise when the prison provided meat that met an inmate's religious precepts, but was not the Halal meat he preferred

Summary of this case from Hoye v. Clarke

concluding that there was no substantial burden on free exercise when the prison provided meat that met an inmate's religious precepts, but was not the Halal meat he preferred

Summary of this case from James v. Va. Dep't of Corr.

explaining that the plaintiff had not shown a substantial burden from the prison's failure to serve halal meat

Summary of this case from Coleman v. Jabe
Case details for

Malik v. Sabree

Case Details

Full title:Habeeb Abdul Malik, #231677, Plaintiff, v. Mutahhir Sabree, Muslim…

Court:United States District Court, D. South Carolina, Anderson/Greenwood Division

Date published: Mar 13, 2007

Citations

C.A. No.: 8:06-319-RBH (D.S.C. Mar. 13, 2007)

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