MUHAMMAD
v.
DIXON
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court vacated the default against the Secretary and stayed proceedings pending a ruling by the Eleventh Circuit.
Plaintiff, a prisoner, sued the Secretary of Corrections alleging a policy violated the Religious Land Use and Institutionalized Persons Act. The Secr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Religious Land Use and Institutionalized Persons Act of 2000 cases and more on FLexlaw
f/k/a KEITH O. JOHNSON,
Plaintiff,
v. CASE NO. 4:18cv376-RH-MAF
MARK S. INCH, SECRETARY
of the FLORIDA DEPARTMENT OF CORECTIONS,
Defendant.
_____________________________________/
ORDER VACATING THE DEFAULT
AND GRANTING THE MOTION TO STAY
The plaintiff is a prisoner in the Florida Department of Corrections. He was convicted and sentenced under the name Keith O. Johnson but has changed his name for religious reasons to Kaif Muhammad. This order uses his current name and thus refers to him as Mr. Muhammad. As required for all prisoners, Mr. Muhammad has an identification card. The Department allows only his original name on the front of the identification card, relegating the religiously changed name to the back. In this action Mr. Muhammad asserts this policy violates the Religious Land Use and Institutionalized Persons Act of 2000. He seeks relief against the Secretary of the Department of Corrections in his official capacity. The Secretary failed to respond to the complaint—actually the third amended complaint—after service of process. The clerk entered a default.
The Secretary has moved to set aside the default and to stay further proceedings pending a ruling by the United States Court of Appeals for the Eleventh Circuit on review of Sims v. Inch, 400 F. Supp. 3d 1272 (N.D. Fla. 2019).
The motions are before the court on the magistrate judge’s report and recommendation, ECF No. 40. No objections have been filed. This order accepts the recommendation and grants both motions. This order
vacates the default because that is the proper result, as explained in the report and recommendation. This order stays the case only because the plaintiff has not objected. IT IS ORDERED:
1. The report and recommendation is accepted.
2. The motion to set aside the clerk’s default, ECF No. 39, is granted. The default is vacated.
3. The motion to stay, ECF No. 38, is granted. All proceedings are stayed pending the Eleventh Circuit’s decision on review of Sims v. Inch. SO ORDERED on August 10, 2021. s/Robert L. Hinkle United States District Judge
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Muhammad v. Dixon, 400 F. Supp. 3d 1272 (N.D. Fla. 2021)…aint—after service of process. The clerk entered a default. The Secretary has moved to set aside the default and to stay further proceedings pending a ruling by the United States Court of Appeals for the Eleventh Circuit on review of Sims v. Inch, 400 F. Supp. 3d 1272 (N.D. Fla. 2019). The motions are before the court on the magistrate judge’s report and recommendation, ECF No. 40. No objections have been filed. This order accepts the recommendation and grants both motions. This order vacates the default becau…
-
Shabazz v. Dixon (M.D. Fla. 2023)…is Opinion and Order. Shabazz only challenges the half-inch beard restriction. There is currently one other prisoner in the FDOC with an exemption from the grooming policy. Durrell Sims won the right to grow a fist-length beard in Sims v. Inch, 400 F. Supp. 3d 1272 (N.D. Fla. 2019). The Eleventh Circuit recently upheld that decision in Sims v. Sec’y, Dep’t of Corr., --- F. 4th ----, 2023 WL 4858535 (11th Cir. 2023). The TRO of July 10, 2020, and the Preliminary Injunction of July 24, 2020, allowed Sha…
-
Shabazz v. Dixon (M.D. Fla. 2020)…a reason for denying an accommodation. United States v. Sec’y, Fla. Dep’t of Corr., 828 F. 3d 1341, 1348 (11th Cir. 2016). Further, the Supreme Court in Holt and the United States District Court for the Northern District of Florida in Sims v. Inch, 400 F. Supp. 3d 1272, 1280 (N.D. Fla. 2019) have rejected these general security concerns. The Court in Holt found dual photographs of an inmate (bald faced and with a beard) would avoid an inmate’s attempt to use a beard to disguise his appearance. Id., 135 S. Ct. at…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Muhammad v. Dixon, 400 F. Supp. 3d 1272 (N.D. Fla. 2021)