United States District Court, E.D. Michigan, Southern Division
K. Majzoub, U.S. Magistrate Judge
ORDER ADOPTING IN PART REPORT AND RECOMMENDATION
; OVERRULING IN PART PLAINTIFF'S OBJECTIONS ; AND
DENYING PLAINTIFF'S MOTION FOR
J. Tarnow Senior United States District Judge
August 22, 2017, Plaintiff Bryan Cary filed the instant
prisoner civil rights action and Motion for Injunction .
On February 2, 2018, the Magistrate Judge issued a Report and
Recommendation (“R&R”)  recommending that
the Court deny Plaintiff's Motion. Plaintiff filed
Objections  to the R&R on March 14, 2018.
reasons stated below, the R&R  is ADOPTED in
part; Plaintiff's Objections  are
OVERRULED in part; and Plaintiff's
Motion for Injunction  is DENIED.
and Procedural Background
Court adopts the facts of this case as set forth in the
Plaintiff Bryan Cary, proceeding pro se, filed this
prisoner civil rights action pursuant to 42 U.S.C. §
1983, against Corrections Officer Mox and the Special
Activities Coordinator, a Deputy Director, and the Director
of the Michigan Department of Corrections (MDOC) on August
22, 2017, claiming violations of his First and Fourteenth
Amendment rights under the United States Constitution and of
Michigan's ethnic intimidation statute, Mich. Comp. Laws
Specifically, Plaintiff asserts that he is a member of the
religious group known as the “Native American
Traditional Way” (NATW), and he therefore has the
absolute right to practice his religion and to possess sacred
items such as a medicine bag, herbs, and protection
Plaintiff alleges that Defendant Mox violated his First
Amendment right to the free exercise of religion and
Fourteenth Amendment right to the equal protection of the law
when Defendant Mox and another officer searched, desecrated,
and destroyed Plaintiff's herbs. Plaintiff also alleges
that Defendant Mox's conduct amounts to ethnic
intimidation under Michigan law. Plaintiff further alleges
that the MDOC's Director, Deputy Director, and Special
Activities Coordinator violated those same First and
Fourteenth Amendment rights “by taking statements out
of procedure and policy language and not replacing it with
instructions allowing staff to claim ignorance even though
they know the medicine bag and herbs are sacred and
shouldn't be touched.” As relief, Plaintiff seeks a
preliminary and permanent injunction ordering Defendants to
stop physically touching medicine bags and herbs, $10, 000 in
compensatory damages, and $10, 000 in punitive damages.
(internal citations omitted).
[R&R at 1-2].
Court reviews de novo the portions of the R&R to
which objections have been filed. 28 U.S.C. § 636(b)(1);
Fed.R.Civ.P. 72(b). The Court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
made by the magistrate judge.” Id.
Report & ...