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
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