Smiley v. Dunn et al (INMATE 2)

Filing 7

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DAVID J. SMILEY, also
known as David J. Smiley
Bey A.R.R.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
COMMISSIONER: JEFFERSON S. )
DUNN, et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv673-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate, filed this lawsuit complaining that he should
receive
grooming

a

religious
policy

exception

recently

accommodation

adopted

by

the

to

the

Alabama

Department of Corrections which would allow him to grow
a beard of not more than one-half inch in length.

This

lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that plaintiff’s
motion for a preliminary injunction be denied and that
his case be dismissed without prejudice for failure to
file

the

requisite

fees

or

provide

the

court

with

financial information in compliance with the order of
this

court.

recommendation.
review

of

the

There
After
record,

are
an
the

no

objections

independent
court

and

concludes

to

this

de

novo

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 30th day of November, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE