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Seth Bader v. William L. Wrenn, Commissioner

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Before Torruella, Boudin and Lipez, Circuit Judges.

Seth Bader, an inmate serving a life sentence for murder without the possibility of parole, is currently held at New Hampshire’s Northern Correctional Facility located in Berlin, New Hampshire (“NCF-Berlin”). Transferred there from the New Hampshire State Prison in Concord (“NHSP-Concord”), he sued unsuccessfully under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc et seq., seeking a transfer back to NHSP-Concord. The papers and district court hearing reveal the following.

Before he was transferred to NCF-Berlin in December 2010, Bader–an Orthodox Jew–was confined for 12 years at NHSP-Concord and regularly participated in Jewish religious activities. He attended Sabbath services in the prison roughly twice a month, which included prayers, blessings, and the lighting of candles meant to be performed in a group setting. The regular group participating the Sabbath celebration included at least three inmates as well as an outside volunteer. New Hampshire prison regulations require group worship services to be led by the prison chaplain or an approved outside volunteer.

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