Elghembri

Elghembri v. Muhammad

Good Law
United States District Court, Northern District of CaliforniaMay 9, 20243:23-cv-03328California1,732 words

Opinion

Trial Court Opinion

INTRODUCTION

14 Plaintiff Ahmed Mohamed Elghembri alleges that a prison chaplain has violated his 15 right to the free exercise of his religion and to equal protection. His 42 U.S.C. § 1983 16 amended complaint containing these allegations is now before me for review pursuant to 17 28 U.S.C. § 1915A(a). 18 Elghembri has stated claims under the First Amendment, the Fourteenth 19 Amendment’s Equal Protection Clause, and The Religious Land Use and Institutionalized 20 Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1, against Chaplain Imam Muhammad at San 21 Quentin State Prison. The defendant shall file a dispositive motion in response to the 22 complaint, or a notice that such motion will not be filed, on or before September 3, 2024. 23 Elghembri’s motion to proceed in forma pauperis is DENIED as moot because I 24 have already granted him that status. (Dkt. No. 10.)

DISCUSSION

26 A. Standard of Review 27 prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 4 …

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