United States District Court, S.D. Illinois
August 2, 2005.
KERRY DEVIN O'BRYAN, Plaintiff
BUREAU OF PRISONS, et al., Defendants.
The opinion of the court was delivered by: PHILIP FRAZIER, Magistrate Judge
REPORT AND RECOMMENDATION
Before the Court is plaintiff's motion to change venue and
reinstate preliminary injunctive relief (Doc. No. 144). The
claims remaining pertain to plaintiff's efforts to practice his
religious beliefs in prison. Plaintiff seeks appropriate relief
from the Bureau of Prisons for the alleged violation of his
statutory right to practice his sincere religious beliefs (RFRA
claim) and seeks declaratory relief from the Bureau of Prisons
and defendant Gilkey for violating his First Amendment right to
freely exercise his religious beliefs (Bivens Claim). Because
plaintiff is currently confined at FCI-Milan, Michigan, the
parties agree that these claims should be transferred to the U.S.
District Court for the Eastern District of Michigan. That Court
will be in the best position to determine whether relief is
appropriate based on plaintiff's current status. The defendants
oppose plaintiff's request for reinstatement of the preliminary injunction.
Transfer of venue is appropriate under 28 U.S.C. § 1404(a).
However, because the evidence presented in support of plaintiff's original
motion for preliminary injunctive relief does not permit a fair assessment
of the present conditions and rationale for restricting his efforts to
practice his religious beliefs at FCI-Milan, Michigan, there are
insufficient grounds to reinstate the preliminary injunction at this time.
IT IS RECOMMENDED that plaintiff's motion (Doc. No. 144) be
GRANTED in part and DENIED in part, as follows. Pursuant to
28 U.S.C. § 1404(a), this case should be transferred to the U.S.
District Court for the Eastern District of Michigan for
resolution of plaintiff's remaining RFRA and Bivens claims.
Plaintiff's request to reinstate the preliminary injunction
should be denied without prejudice.
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