Magistrate Judge James Francis
Inmate Leach identifies himself as an "unorthodox Jewish religious observer." He alleged that regular denial of Kosher meals including matzo interfered with his exercise of his religion. The magistrate judge recommended dismissal, finding that Leach’s complaint showed he failed to exhaust remedies, as required by the Prison Litigation Reform Act. Despite depositing a grievance and "complain[ing] constantly" over some seven months "with all the chain of command made available" to him, Leach’s allegations made clear that he failed to comply with the grievance procedure outlined in the New York City Department of Correction’s Inmate Grievance Resolution Program. Even if his remedies were exhausted, Leach failed to state a valid claim under the First Amendment’s Free Exercise Clause. He did not show that denial of matzo substantially burdened his religious beliefs. In addition to failing to mention any occasion where he was forced to violate a central tenet of his faith, Leach’s complaint made no mention of how frequently he was denied Kosher meals. Citing Norwood v. Strada the magistrate judge noted that isolated denials of Kosher matzos are a minor inconvenience not meeting the substantial burden requirement.
