Youngblood v. Alabama Department of Corrections, et al. (INMATE 1)

Filing 58

OPINION AND ORDER that the plf's 28 motion for reconsideration, as supplemented (doc. no. 29 ), is denied. Signed by Honorable Judge Myron H. Thompson on 8/3/2015. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
GARY W. YOUNGBLOOD 263709, )
)
Plaintiff,
)
)
v.
)
)
ALA. DEPT. OF CORRECTIONS, )
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv214-MHT
(WO)

OPINION AND ORDER
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,

filed

this

lawsuit

challenging

the

defendants’ refusal to forward money from his prison
account to the United States Patent Office to pay the
required filing fee for an application he filed for a
patent.

This

cause

is

before

the

court

on

the

plaintiff’s motion for reconsideration of the court’s
order (doc. no. 24) adopting the recommendation of the
United

States

Magistrate

Judge

(doc.

no.

20)

and

denying plaintiff’s motion for preliminary injunction
(doc.

no.

business

1).

While

activity

prisoners

under

prison

may

not

engage

regulations,

in

“the

submission of a patent application does not involve a

business

activity

in

all

circumstances.”

Tormasi

v.

Hayman, 443 F. App'x 742, 745 (3d Cir. 2011) (citing
Jerry–El v. Beard, 419 Fed. Appx. 260, 263 (3d Cir.
2011) (“it does not appear that exercising [the] right
[to

register

a

copyright]

necessarily

engaging in a business activity.”))

constitutes

Nevertheless, as

the plaintiff has not made the showing required for
issuance of a preliminary injunction, his motion was
properly denied.
***
Accordingly,
motion

for

it

is

ORDERED

reconsideration

that
(doc.

the
no.

plaintiff’s
28),

supplemented (doc. no. 29), is denied.
DONE, this the 3rd day of

August, 2015.

/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

as