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FILED
DEC 2 8 2001
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA REV. DR. MICHAEL A. NEWDOW.
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Plaintiff,                 No. CIV S-01 -0218 LKK GGH PS vs.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES,
Defendant.             FINDINGS AND RECOMMENDATIONS
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Background and Summary
On February 1,2001, plaintiff. Reverend Dr. Michael Newdow ("Newdow") brought his action against President George W. Bush Jr. ("President") in his official capacity challenging the statement of prayers made at the President's inauguration on January 20, 2001. Newdow complained that permitting any prayer at the Presidential inauguration offended the Establishment Clause of the First Amendment to the Constitution. He also stated that because the prayer contained specific references to Christian figures and concepts, the prayers given by the clergymen at the inauguration "further excluded theistic non-Christians," and "showed a preference for a particular religious belief." Newdow generally related that the statement of prayer at the inauguration made him feel like an "outsider." Newdow seeks declaratory relief that the President in his official capacity violated the Establishment Clause by permitting prayers, or at least sectarian prayers, at his