Rupe

ORDER GRANTING AND DENYING IN PART DEPENDANTS’ MOTION TO DISMISS AND GRANTING DEFENDANTS’ MOTION TO STRIKE

Before the Court, without oral argument, are Defendants’ Motion to Dismiss (Ct.Rec.33) and Motion to Strike (Ct. Rec.3J). Plaintiff filed his Prisoner Civil Rights Complaint on October 16, 2008. Defendants filed the motions under consideration on August 10, 2009. For the reasons stated below, the Court grants and denies in part Defendants’ Motion to Dismiss with prejudice in part and without prejudice in part, and grants Defendants’ Motion to Strike.

I. Background

Plaintiff is a California state inmate and a practicing Druid. Druidism is a Neopagan religion that revives the beliefs and practices of the druids, who were the religious and educational leaders in ancient Gaul. Plaintiff has been in contact with the Order of Bards, Ovates, and Druids (“OBOD”), a Druid organization based in England, from which he obtained a correspondence course to assist his spiritual development. (Ct. Rec. 1 at 1-2.) Plaintiff also associated with members of other Pagan denominations while he was an inmate at Mule Creek State Prison (“MCSP”), including William Rouser and Douglas Hysell. Id. at…