SMITH v. COMERFORD

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CORNELL SMITH,
Plaintiff,
v. 	Case No.: 5:25cv55-MW/MJF
RICKY DIXON,
Defendant.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 47, and has also reviewed de novo Plaintiff’s objections,
ECF No. 50. As noted in the report and recommendation, Plaintiff’s motion for
temporary restraining order and preliminary injunction, ECF No. 33, is due to be
denied for failure to demonstrate irreparable harm given the delay in seeking such
relief. As noted in the report and recommendation, Plaintiff registered his faith as
Muslim with the Florida Department Corrections in February 2022, but he did not
seek relief from the challenged grooming policy until 2025. ECF No. 47 at 6.
Moreover, Plaintiff contends in his objections that he was shaved upon his entry at
the reception center in Chipley in 2022, and thus, he was on notice of the grooming
policy since that time. See ECF No. 50 at 4.
Accordingly,
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IT IS ORDERED:
The report and recommendation, ECF No. 47, is accepted and adopted, over
the Plaintiff’s objections, as this Court’s opinion. Plaintiff’s delay in seeking relief
undermines his claim of irreparable harm, and thus, his motion for temporary
restraining order or preliminary injunction, ECF No. 33, is DENIED. This case is
referred back to the Magistrate Judge for further proceedings.1
SO ORDERED on March 24, 2026.
s/Mark E. Walker 	____
United States District Judge
1 This Court acknowledges that a report and recommendation is pending with respect to
Defendant’s motion to dismiss, see ECF No. 46, and this Court will take the matter under
advisement shortly.
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