The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
RUBEN R. CRAIG III,
Plaintiff, CIVIL ACTION NO. 3:26-CV-0992
v. (SAPORITO, J.)
ULI KLEMM, .,
Defendants.
MEMORANDUM
Ruben Craig, a prisoner proceeding , has filed a complaint
(Doc. 1) against 77 defendants affiliated with the Pennsylvania
Department of Corrections, asserting violations of the First and
Fourteenth Amendment and the Religious Land Use and
Institutionalized Persons Act (“RLUIPA”). For the following reasons,
Craig will be permitted to proceed on First Amendment claims against
five defendants who allegedly interfered with his legal mail or retaliated
against him for filing grievances. However, his claims of improper
restrictions on his religious practice are not properly joined in this case,
and he must pursue those claims in a separate action.
I. BACKGROUND
Craig’s lengthy complaint describes a wide variety of incidents at
SCI-Benner Township (“Benner”) and SCI-Smithfield (“Smithfield”) from
2024 through the present. We first summarize a series of allegations
about his medical care and other conditions of confinement, then address
the bulk of Craig’s complaint, which concerns the prisons’ legal mail
procedures and his access to the courts.1
A. Administrative Custody
On March 31, 2025, Craig was assigned to work in the kitchen at
Benner. He objected to the placement, telling staff that his “program
codes and other factors precluded his placement in the kitchen at all prior
institutions” and “that his safety and general well-being would be
needlessly endangered by any such placement.”2 He made written and
oral complaints about this placement to various supervisors, and the
1 As noted, Craig also describes a variety of alleged restrictions on
his religious practice. In brief summary, he alleges that he has been
denied sacramental foods and other accommodations necessary to
celebrate the Kiddush ritual; that he has been compelled to work on the
Jewish Sabbath; that prison staff have failed to deliver extra food that he
was supposed to receive in advance of religious fasts; and that he has
been sporadically denied access to religious services.
For the reasons described below, these claims are not properly
joined in this action and will not be addressed on their merits in this
memorandum.
2 Craig refers to “psychiatric and security issues,” but does not offer
a clear explanation as to why he could not work in the kitchen.
matter was ultimately referred to defendant “Harper[,] a CO-level guard
and head of security,” who approved the placement.
On April 22, Craig filed a grievance about the placement, which
named Harper and other individuals involved. On April 25, Harper
allegedly “order[ed Craig’s] confinement in the [RHU]” pending an
investigation. Craig does not explain the stated purpose of the
investigation, if any. On May 1, he was taken to Harper’s office, where
Harper allegedly told him: “We’re gonna keep this real short. You’re being
transferred [to another prison]. You overstayed your welcome here . . .
we’re tired of you and your grievances.” Craig was eventually transferred
from Benner to Smithfield and incurred more than $100.00 in costs to
ship his property between the prisons.
B. Conditions of Confinement
Craig asserts a variety of complaints about conditions of
confinement at Benner and Smithfield, mostly related to his medical
care. At Benner, various nurses allegedly enforced a policy that prisoners’
medication must be floated, , placed in a cup of water and dispensed
to the prisoners in that form. Craig alleges that he was prescribed
medication that would dissolve if placed in water, and that a psychiatrist
had “place[d] a note in [Craig’s] charts specifying that his pills are not to
be floated.” Craig claims that on three occasions in June and July 2024,
he “questioned the need to float his pills and directed [nurses] to the note
in his chart,” but the nurses would only permit him to take the
medication if it was floated, which Craig equates to being “denied”
medication. The policy ended when a “medical supervisor” allegedly
“issued a directive to all nurses that they are to stop requiring [inmates]
to ‘float’ their medications.”
Next, in February 2025, Craig was waiting in the medical
department to have blood drawn. While another inmate was having his
blood drawn, Craig observed phlebotomist Jane Doe #6 “touching [the
inmate’s] puncture site with her gloved hand and freely touching other
surfaces that clearly had not been de-contaminated in a while.” When his
turn came, Craig asked Doe #6 to change her gloves; Doe #6 allegedly
“became irritated,” refused to change her gloves, and summoned guards
to escort Craig from the room. Craig alleges that the same phlebotomist
drew his blood in March 2025 under similar conditions, but Craig was
“too cowed to ask her” to change her gloves because guards were present.
On an unspecified date in May 2025, defendants Ford and Jane Doe
#3 attempted to dispense medication to Craig through a “wicket,” , an
opening in Craig’s cell door with a retractable cover. Ford was allegedly
struggling to open the wicket, and Craig “asked Ford if he was having a
problem with the wicket.” Ford allegedly replied: “Oh, so you’re refusing
your meds, huh?” Craig denied this, but Ford allegedly “stopped all
efforts” to open the wicket: “Yeah, you refused your meds; maybe you’ll
learn to keep your mouth shut in the future.” Craig protested to Doe #3,
but she was “unmoved.” Separately, on June 2, 2025, Craig accidentally
dropped a bar of soap into the toilet. He asked Ford for a new bar of soap,
which Craig alleges was “standard practice in the RHU.” Ford refused,
allegedly telling Craig: “You get nothing from me, because you like to file
grievances on people.”
C. Legal Mail/Law Library Access
Most of Craig’s complaint concerns issues with his legal mail and
what he believes is a denial of access to the courts. On April 23, 2025, he
received an order from the United States Court of Appeals for the Third
Circuit, allegedly instructing him to provide certain documents by April
28. Before he could arrange for a guard to sign the “cash slip” required to
mail the documents, he was escorted to the RHU pending investigation
of the kitchen job dispute described above. Craig tried to explain the
urgency of his legal mail and requested that the escorting guards sign
the cash slips, but they all refused, and Craig was taken to the RHU
without his legal property.
On April 27, Craig tried to send another mailing to the Third
Circuit. An officer, John Doe #8, told Craig he was not authorized to sign
cash slips, but he could collect mail later in the day and give it to another
officer to sign the cash slip. However, this second officer left for the
evening before signing Craig’s cash slip. The following day, Craig left the
mailing in his door sill, where it was collected by John Doe #10, and
“processed” by Jane Doe #2, a mailroom employee. However, Craig never
received a receipt for the cash slip, and he “discovered that staff could not
ascertain the whereabouts” of his mailing, which was apparently never
sent. Craig alleges that the appellate case “was closed and [he] was
denied his due remedy, [which] he is confident he would have received
had the Court heard his meritorious appellate claims.”3
3 The Court’s review indicates that the case in the Third Circuit is
, No. 25-1690 (3d Cir., docketed Apr. 14, 2025). The docket
of that case indicates that Craig’s appeal was dismissed on June 24, 2025,
for his failure to pay the filing fee. After the dismissal, Craig filed motions
Craig also attempted to mail a motion for a state criminal appeal.
, No. 1101 WDA 2023 (Pa. Super. Ct.).
Another officer, John Doe #1, refused to sign Craig’s cash slip, claiming
that he did not have the authority to do so. Craig agreed for the officer to
pass the envelope to another officer, John Doe #2, who would sign the
cash slip and send the mailing. However, the mailing was ultimately
returned to Craig by a mailroom employee, Jane Doe #1, on May 24, 2025,
with the cash slip unsigned. At this point, another guard signed the cash
slip, backdated it to May 11, and placed it in the mailbox. Craig alleges
that because of the resulting delay, the Pennsylvania Superior Court
denied his “Motion for Reargument” as time-barred.
In June 2025, Craig was transferred to Smithfield, where he
encountered more issues with outgoing mail. At prior prisons, Craig had
retained copies of signed cash slips in case he needed to demonstrate to
a court that a delayed mailing was timely.4 However, at Smithfield,
to reopen the appeal and to proceed , premised in part
on the alleged mailing delays. The docket indicates that these motions
remain pending.
4 Under the “prison mailbox rule” applicable in Pennsylvania courts
and the courts of this circuit, “a prisoner’s legal documents are
defendant John Doe #38 “claimed that it was against PADOC policy to
allow residents to possess any document bearing the signature of a
guard.” Craig complained to prison staff and received conflicting
responses. However, defendant Miller allegedly “stated that he won’t give
any prisoner his signature, nor allow the guards under him to do so . . .
as the guard who sorts the mail arriving on [Craig’s] unit[,] he would do
whatever is in his power to prevent [Craig] from getting signed Cash
Slips.”
Craig allegedly “won a grievance” about this issue, which permitted
him to obtain signed cash slips. He requested two such cash slips in June
and July 2025. However, Miller allegedly redacted the signature on one
of the slips and confiscated another slip before it could be delivered to
Craig. Miller claimed that he had obtained permission from defendant
Gladfelter to “deface” the cash slips, which Miller allegedly sought
because he was “displeased” by Craig’s grievance. Craig alleges that
considered filed on the date that they’re tendered to prison staff in
accordance with reasonable prison policies, regardless of whether they
are ultimately mailed.” , 117 F.4th 560, 566 (3d
Cir. 2024) (quotation omitted); , 716 A.2d 1287,
1289 (Pa. Super. Ct. 1998).
unnamed guards confiscated at least one other cash slip from a mailing
dated August 4, 2025.
Craig alleges that he suffered retaliation because of his cash slip
disputes. On August 5, 2025, his yard time was cut short by defendant
Clemens, nominally because Craig’s “sleeves were rolled up in the main
yard.” When Craig protested, Clemens allegedly put his “hand on his
mace can in a threatening manner,” and said: “I’ll show you some OC
spray if you don’t lock in your cell . . . [N]ow that you have some idle time
on your hands, you can start to withdraw all those grievances.” Craig
further alleges that in response to his cash slip issues, “the mailroom
staff began to charge [him] extra postage for all his legal mail.” The
complaint is unclear on this point, but he seems to allege that mailroom
staff improperly treated his envelopes as overweight mailings because he
“could not prove how many sheets of paper were in the envelope.” Craig
alleges that defendant Grassmyer “admitted that her staff shouldn’t have
charged him” because Craig should have had access to complimentary
envelopes.
Finally, Craig alleges that he was denied access to the law library
four times between August and October 2025, despite being on the
“library list” or having a library pass. After one such denial, Craig asked
why he was being refused access, and defendant Adams allegedly “stated
that it was . . . ‘because [you] are a d*ckhead who likes to file grievances
and quote policy.’” Craig filed a grievance about the issue, attaching
documentation of upcoming litigation deadlines, which allegedly should
have “guarantee[d Craig] priority access.” After Craig’s grievance,
defendant Pyo allegedly “directed the librarians to discontinue” issuing
litigation deadline forms, meaning that upcoming deadlines would no
longer entitle an inmate to priority law library access.
II. LEGAL STANDARDS
Under 28 U.S.C. § 1915A, the Court is obligated to screen any civil
complaint in which a prisoner seeks redress from a governmental entity
or an officer or employee of a governmental entity. 28 U.S.C. § 1915A;
, 230 Fed. App’x 195, 197 (3d Cir. 2007). The
Court has a similar obligation with respect to actions brought
and actions concerning prison conditions. 28 U.S.C. §
1915(e)(2)(B)(i); id. § 1915(e)(2)(B)(ii); 42 U.S.C. § 1997e(c)(1);
, 568 F. Supp. 2d 579, 587-89 (W.D.
Pa. 2008) (summarizing prisoner litigation screening procedures and
standards).
The legal standard for dismissing a complaint for failure to state a
claim under § 1915A(b)(1), § 1915(e)(2)(B)(ii), or § 1997e(c) is the same as
that for dismissing a complaint pursuant to Rule 12(b)(6).
, 481 Fed. App’x 705, 706 (3d Cir. 2012) (per curiam);
, 696 F. Supp. 2d 454, 471 (M.D. Pa. 2010); , 568 F. Supp.
2d at 588. “Under Rule 12(b)(6), a motion to dismiss may be granted only
if, accepting all well-pleaded allegations in the complaint as true and
viewing them in the light most favorable to the plaintiff, a court finds the
plaintiff’s claims lack facial plausibility.”
, 643 F.3d 77, 84 (3d Cir. 2011) (citing ,
550 U.S. 544, 555-56 (2007)). In deciding the motion, the Court may
consider the facts alleged on the face of the complaint, as well as
“documents incorporated into the complaint by reference, and matters of
which a court may take judicial notice.”
, 551 U.S. 308, 322 (2007). Although the Court must accept
the fact allegations in the complaint as true, it is not compelled to accept
“unsupported conclusions and unwarranted inferences, or a legal
conclusion couched as a factual allegation.” , 719 F.3d
160, 165 (3d Cir. 2013) (quoting , 481 F.3d 187, 195
(3d Cir. 2007)).
Craig asserts claims under 42 U.S.C. § 1983. Section 1983 provides
in pertinent part:
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or
Territory or the District of Columbia, subjects, or
causes to be subjected, any citizen of the United States
or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to
the party injured in an action at law, suit in equity, or
other proper proceeding for redress . . . .
42 U.S.C. § 1983. To establish a Section 1983 claim, a plaintiff must
establish that the defendants, acting under color of state law, deprived
the plaintiff of a right secured by the United States Constitution.
, 51 F.3d 1137, 1141 (3d Cir. 1995). To avoid
dismissal for failure to state a claim, a civil rights complaint must state
the conduct, time, place, and persons responsible for the alleged
violations. , 423 F.3d 347, 353 (3d Cir. 2005). Further,
“[c]ivil rights claims cannot be premised on a theory of
. Rather, each named defendant must be shown . . . to have been
personally involved in the events or occurrences which underlie a claim.”
, 8 F. Supp. 3d 601, 613 (M.D. Pa. 2014)
(citation omitted). As explained by the Third Circuit Court of Appeals:
A defendant in a civil rights action must have personal
involvement in the alleged wrongs . . . . [P]ersonal
involvement can be shown through allegations of
personal direction or of actual knowledge and
acquiescence. Allegations of participation or actual
knowledge and acquiescence, however, must be made
with appropriate particularity.
, 845 F.2d 1195, 1207 (3d Cir. 1988).
III. DISCUSSION
A. Legal Mail Claims
Craig alleges that 25 defendants violated his First Amendment
rights by “(1) failing to (timely) post his legal papers and/or (2) preventing
him from documenting prison mailbox rule deadlines.” To claim a denial
of access to the courts, the plaintiff must allege “(1) that they suffered an
‘actual injury’—that they lost a chance to pursue a ‘nonfrivolous’ or
‘arguable’ underlying claim; and (2) that they have no other ‘remedy that
may be awarded as recompense’ for the lost claim other than in the
present denial of access suit.” , 536 F.3d 198, 205 (3d Cir.
2008) (quoting , 536 U.S. 403, 415 (2002)). The
complaint must “describe the underlying claim well enough to show that
it is more than mere hope.” , 536 F.3d at 205-06.
Craig has not met this standard. The allegation that his claims
were rejected as untimely does not show that they were nonfrivolous, nor
does his statement that he was “confident” in his own claims. Further,
the fact that Craig has requested relief from dismissal from the Third
Circuit based on these mailing issues ( n.3, ) belies any inference
that there is “no other remedy” available to him for that lost claim. As for
his state criminal case, the Court’s review indicates that he is referring
to an appeal of the August 23, 2023, dismissal of an untimely PCRA
petition. , No. 1101 WDA 2023, 2025 WL
1220306 (Pa. Super. Ct. Apr. 28, 2025). The Superior Court determined
that in his petition, “Craig failed to allege, let alone prove, any exceptions
to the PCRA’s one-year time bar.” 2025 WL 1220306, at *3.5 This provides
no basis to infer that he lost a non-frivolous claim because of mailing
delays in requesting reargument.
However, separately from the right of access to the courts or any
lost legal claim, a prisoner has the First Amendment right to send and
5 The Court may take judicial notice of the orders in Craig’s cases
as evidence of “what the filings state, but not the truth of what was stated
in those filings.” , No. 1:20-
CV-02299, 2025 WL 1126544, at *1 (M.D. Pa. Apr. 14, 2025).
receive legal mail, subject to legitimate penological restrictions.
, 461 F.3d 353, 359 (3d Cir. 2006); , 196 F.
App’x 126, 128 (3d Cir. 2006). While isolated instances of lost or delayed
mail do not state a constitutional claim, a pattern or practice of
“interference,” including “stolen” mail or unreasonable delays, may be
actionable. , , , No. 23-CV-
1566, 2023 WL 4684909, at *6 (E.D. Pa. July 21, 2023);
, No. 22-CV-938, 2022 WL 1785451, at *2-4 (D.N.J. June 1,
2022); , No. 21-CV-0891, 2021 WL 1313392, at *3 (E.D.
Pa. Apr. 8, 2021).
Craig has not plausibly alleged that the two delayed mailings from
Benner were the result of a “pattern or practice” of interference with his
mail.6 However, his allegations suggest a plausible claim against Miller,
who confiscated or tampered with his cash slips, and Gladfelter, who
6 Although Craig complains about various guards’ refusal to sign
his cash slips on demand, he has no constitutional right to dictate who
signs his cash slips. Rather, any actionable “interference” would have
come from staff allegedly mishandling mail that was in their control.
Craig’s descriptions of these two incidents at Benner, which involved
different guards, do not plausibly suggest a pattern or practice of
interference. , , , No. 3:15-CV-00910,
2016 WL 6089853, at *4-6 (M.D. Pa. Sept. 20, 2016).
allegedly gave Miller “permission” to do so.7 The complaint also asserts a
plausible claim against Grassmyer, the “Mailroom Supervisor,” for
enforcing a policy of deliberately overcharging for postage.
B. Retaliation
Craig asserts retaliation claims, in various forms, against most of
the 77 defendants. To state a prima facie case of First Amendment
retaliation, a plaintiff must show that (1) he was engaged in
constitutionally protected conduct, (2) he suffered an “adverse action” by
prison officials sufficient to deter a person of ordinary firmness from
exercising his First Amendment rights, and (3) the protected conduct was
a “substantial or motivating factor” in the prison officials’ decision to take
the adverse action. , 857 F.3d 152, 156 (3d Cir. 2017)
(quoting , 617 F.3d 775, 781 (3d Cir. 2010)).
“[T]he filing of grievances and lawsuits against prison officials
constitutes constitutionally protected activity” for purposes of a
retaliation claim. , 450 F. App’x 100, 102 (3d Cir.
7 Allegations that various other defendants expressed disapproval
of Craig’s arguments about cash slips, or participated in a single instance
of mishandled mail, are insufficient. To the extent discovery reveals other
defendants who were personally involved in the alleged pattern or
practice, Craig may seek leave to amend the complaint.
2011). Causation can be shown through “unusually suggestive temporal
proximity between the protected activity and the allegedly retaliatory
action,” or “a pattern of antagonism coupled with timing to establish a
causal link.” , 834 F.3d 417, 424 (3d Cir. 2016). In some
cases, causation can be established “from the evidence gleaned from the
record as a whole.” .
By these standards, Craig has asserted viable retaliation claims
against Harper, who allegedly sent him to the RHU in the immediate
aftermath of his kitchen job grievance; Miller, who allegedly interfered
with Craig’s cash slips because he was “displeased” with his related
grievance; and Adams, who allegedly denied Craig law library access8
8 Craig’s vague allegations that other defendants “were implicated”
in the denial of law library access, “failed to send” him to the library, or
“took no corrective action” are insufficient, without allegations showing
how those defendants were responsible for ensuring his library access.
, 845 F.2d at 1207 (“Allegations of participation or actual
knowledge and acquiescence . . . must be made with appropriate
particularity.”). The change in the policies for “priority” law library access
is not an adverse action, absent specific allegations that Craig suffered
“meaningful prejudice” in his legal claims from the delayed access.
, No. 1:20-CV-00208-SPB, 2023 WL 4628378, at *5
(W.D. Pa. May 10, 2023), report and recommendation adopted, 2023 WL
4628402 (W.D. Pa. July 19, 2023), vacated in part on other grounds, No.
23-2385, 2026 WL 396436 (3d Cir. Feb. 12, 2026).
because of his grievances.
However, Craig states no other viable retaliation claims. Most of
the defendants for these claims are named because they allegedly
endorsed or acquiesced in other officers’ actions against him and Craig
believes the defendants should have intervened. Even accepting Craig’s
allegations as true, that is no basis for a retaliation claim, because the
complaint does not explain how their failure to intervene was motivated
by his grievances. The fact that he has complained and filed grievances
in prison does not transform every disputed action or decision of prison
staff into “retaliation.”9 , , , No. 3:11-CV-1581, 2012
WL 6541008, at *17 (M.D. Pa. Nov. 21, 2012) (complaint reflected “a
preternatural, global, subjective sensitivity to alleged retaliation, with
[the plaintiff] ascribing some retaliatory motive to virtually every action
that occurs at the prison”); , No. 1:21-CV-01484,
9 Craig asserts claims against various defendants for their failure
to intervene in disputes about his kitchen job, RHU placement, and
prison transfer, but does not plausibly explain how their decisions were
motivated by his grievances. Similarly, the fact that he filed grievances
about guards’ inconsistent cash slip procedures does not plausibly
indicate that those procedures were retaliation for his grievances, even if
he believes the guards’ reasoning were “contrived.”
2023 WL 2385931, at *5 (M.D. Pa. Mar. 6, 2023) (in general, retaliation
is not plausibly inferred if the alleged retaliator was not the target of the
protected activity). For example, there is no plausible basis to infer that
the prison’s enforcement of its medication distribution or phlebotomy
practices were in any way motivated by his grievances or complaints.10
Further, much of the alleged retaliation did not involve “adverse
actions.” Although unpleasant, the denial of an extra bar of soap on a
single occasion, and the abbreviation of one session of yard time, are
actions that cannot sustain retaliation claims. , ,
, No. 1:17-CV-50, 2019 WL 6726839, at *8 (M.D. Pa. Dec. 11, 2019)
(listing cases involving the denial of soap, showers, and yard time).
Threatening remarks and gestures, although deplorable, are also
insufficient. , 358 F. App’x 302, 306-07 (3d Cir. 2009)
(“Mere threats do not constitute retaliation.”). Therefore, the retaliation
claims will proceed against Harper, Miller, and Adams on the grounds
described above, but all other retaliation claims will be dismissed.
10 The allegation that Ford denied Craig medication when he “asked
Ford if he was having a problem with the wicket” does not plausibly
support a retaliation claim; it is unclear how Craig’s comment was
“seeking redress” in a way that could be construed as protected activity.
, 839 F.3d 286, 298 (3d Cir. 2016).
C. Misjoinder
The remainder of Craig’s claims concern alleged deprivations of his
religious practice and are not properly joined in this case. Claims against
multiple defendants may be joined in the same action only if:
(A) any right to relief is asserted against them jointly,
severally, or in the alternative with respect to or arising
out of the same transaction, occurrence, or series of
transactions or occurrences; and
(B) any question of law or fact common to all
defendants will arise in the action.
Fed. R. Civ. P. 20(a)(2).11 “Courts generally apply a case-by-case approach
when considering whether the facts of several claims constitute . . . a
series of transactions or occurrences.”
, 305 F.R.D. 78, 81 (M.D. Pa. 2015) (citation omitted). A series of
transactions or occurrences may involve “(1) many of the same factual
issues; (2) the same factual and legal issues; or (3) offshoots of the same
basic controversy between the parties.” . (quoting
, 576 F.2d 1057, 1059 (3d Cir. 1978)). However, separate
11 “Courts in this Circuit have found that ‘the same series of
transactions or occurrences prerequisite under Rule 20 essentially
consumes the second requirement’” of a question of law or fact common
to all joined parties. , No. 1:18-CV-00329, 2018 WL
4354468, at *6 (M.D. Pa. Sept. 12, 2018) (quoting
, No. 01-6153, 2002 WL 523946 at *3 (E.D. Pa. Apr. 4, 2002)).
incidents involving the same prisoner do not necessarily involve the same
series of transactions or occurrences. , , , No.
3:25-CV-1878, 2026 WL 475920, at *2 (M.D. Pa. Feb. 19, 2026).
“Misjoinder is not a ground for dismissing an action.” Fed. R. Civ. P.
21. Rather, a district court has two options for dealing with misjoined
claims: to (1) “drop” misjoined claims from the case on “just terms,” or (2)
sever the claims into separate lawsuits. .; , 467
F.3d 842, 845 (3d Cir. 2006). Upon review, we find that Craig’s religious
claims do not arise from the same series of transactions and occurrences
as the other claims. Further, none of the defendants for his retaliation
and legal mail claims would be viable defendants for his religious
claims.12 Therefore, the religious claims will be severed into a separate
action, for which Craig must pay a separate filing fee.
, No. 3:17-CV-1898, 2018 WL 3727416, at *2 (M.D. Pa. Aug. 6,
12 Craig vaguely alleges that on two occasions, defendant Adams
“denied [Craig] the ability to practice his religion by preventing him from
attending religious services.” (Doc. 1 at 13, ¶¶ 237, 238). Unlike with
Adams’s claimed denial of law library access, this conclusory allegation
would be insufficient to sustain a claim. While the law library claim will
proceed against Adams, there is no viable claim against him premised on
the denial of religious services, and therefore no basis for the other
religious claims to be litigated in the same action.
2018) (a prisoner cannot use misjoined claims “to circumvent the PLRA’s
filing fee requirements”).
IV. CONCLUSION
For the reasons described above, Craig will proceed on First
Amendment claims of interference with legal mail against Miller,
Gladfelter, and Glassmyer, and First Amendment retaliation claims
against Harper, Miller, and Adams. All other claims of retaliation and
“interference [with the] right to petition government for redress of
grievances” will be dismissed.
Craig’s First Amendment free exercise claims, RLUIPA claims, and
Fourteenth Amendment equal protection claims will be severed into a
separate action. The Clerk will be directed to provide him with the new
case number and a separate motion to proceed in that
case. If he completes this application, or pays the filing fee, those claims
will be screened pursuant to 28 U.S.C. § 1915A. If he does not do so, the
claims will be dismissed without prejudice.
An appropriate order follows.
Dated: June 3, 2026
JOSEPH F. SAPORITO, JR.
United States District Judge