Muhammad v. Inch

• Decision Date: 11 August 2021
• Docket Number: 4:18cv376-RH-MAF
• Parties: KAIF MUHAMMAD f/k/a KEITH O. JOHNSON, Plaintiff, v. MARK S. INCH, SECRETARY of the FLORIDA DEPARTMENT OF CORECTIONS, Defendant.
• Court: U.S. District Court — Northern District of Florida

KAIF MUHAMMAD f/k/a KEITH O. JOHNSON, Plaintiff, v. MARK S. INCH, SECRETARY of the FLORIDA DEPARTMENT OF CORECTIONS, Defendant.

No. 4:18cv376-RH-MAF

United States District Court, N.D. Florida, Tallahassee Division

August 11, 2021

ORDER VACATING THE DEFAULT AND GRANTING THE MOTION TO STAY

Robert L. Hinkle United States District Judge.

The plaintiff is a prisoner in the Florida Department of Corrections. He was convicted and sentenced under the name Keith O. Johnson but has changed his name for religious reasons to Kaif Muhammad. This order uses his current name and thus refers to him as Mr. Muhammad.

As required for all prisoners, Mr. Muhammad has an identification card. The Department allows only his original name on the front of the identification card, relegating the religiously changed name to the back.

In this action Mr. Muhammad asserts this policy violates the Religious Land Use and Institutionalized Persons Act of 2000. He seeks relief against the Secretary of the Department of Corrections in his official capacity. The Secretary failed to respond to the complaint-actually the third amended complaint-after service of process. The clerk entered a default.

The Secretary has moved to set aside the default and to stay further proceedings pending a ruling by the United States Court of Appeals for the Eleventh Circuit on review of Sims v. Inch, 400 F.Supp.3d 1272 (N.D. Fla. 2019). The motions are before the court on the magistrate judge's report and recommendation, ECF No. 40. No. objections have been filed.

This order accepts the recommendation and grants both motions. This order vacates the default because that is the proper result, as explained in the report and recommendation. This order stays the case only because the plaintiff has not objected.

IT IS ORDERED:

1. The report and recommendation is accepted.

2. The motion to set aside the clerk's default, ECF No. 39, is granted. The default is vacated.

3. The motion to stay, ECF No. 38, is granted. All proceedings are stayed pending the Eleventh Circuit's decision on review of Sims v. Inch.

SO ORDERED.