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

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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.

	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
80, 80-1, 80-3 1:17-cv-02493	Motion for Partial Summary Judgment	May 11, 2018	May 11, 2018 Pleading / Motion / Brief
79, 79-3, 79-4 1:17-cv-02493	Motion to Dismiss Amended Complaint	May 11, 2018	May 11, 2018 Pleading / Motion / Brief
121 1:17-cv-02493	Recommendation of United States Magistrate Judge	March 6, 2019	March 6, 2019 Magistrate Report/Recommendation 2019 WL 2019
120 1:17-cv-02493	Amended Recommendation of United States Magistrate Judge	March 6, 2019	March 6, 2019 Magistrate Report/Recommendation 2019 WL 2019
132 1:17-cv-02493	Order on Amended Recommendation Abdulmutallab v. Barr	Sept. 18, 2019	Sept. 18, 2019 Order/Opinion 2019 WL 2019
133 1:17-cv-02493	Order on Recommendation Abdulmutallab v. Barr	Sept. 18, 2019	Sept. 18, 2019 Order/Opinion 2019 WL 2019

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 View on PACER	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 View on PACER	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 View on PACER 2 Magistrate Judge Consent Form View on PACER	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 View on PACER	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 View on PACER 2 Exhibit View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 - Sentencing Transcript Excerpts View on PACER	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 View on PACER 2 Ex. 2 - March 2017 SAMs Renewal View on PACER	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 View on PACER 2 Ex. 2 - Sentencing Transcript Excerpts View on PACER 3 Ex. 3 - March 2012 SAMs View on PACER 4 Ex. 4 - March 2017 SAMs Renewal View on PACER 5 Ex. 5 - Special Security Unit Institution Supplement View on PACER 6 Ex. 6 - October 2015 Hunger Strike Medical Records View on PACER	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 View on PACER 2 Ex. 2 - Shelton Declaration View on PACER 3 Ex. 3 - March 2017 SAMs Renewal View on PACER	Feb. 5, 2018	Feb. 5, 2018 PACER

Case: Abdulmutallab v. Sessions

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

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