Youngblood v. Alabama Department of Corrections, et al. (INMATE 1), No. 2:2015cv00214 - Document 58 (M.D. Ala. 2015)
Court Description: 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, )
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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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