Smiley v. Dunn et al (INMATE 2)

Filing 7

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

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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

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