Curtis Austin v. Larry Norris ( 1999 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 99-3233
    ___________
    Curtis Nathaniel Austin,              *
    *
    Appellant,               *
    *
    v.                              * Appeal from the United States
    * District Court for the
    Larry Norris, Director, Arkansas      * Eastern District of Arkansas.
    Department of Correction; Rick        *
    Toney, Warden,Varner Unit,            * [UNPUBLISHED]
    Arkansas Department of Correction,    *
    *
    Appellees.               *
    ___________
    Submitted: November 24, 1999
    Filed: December 6, 1999
    ___________
    Before BOWMAN, FAGG, and MURPHY, Circuit Judges.
    ___________
    PER CURIAM.
    Curtis Nathaniel Austin, an Arkansas inmate, appeals from the district court’s1
    order dismissing his 42 U.S.C. § 1983 action following an evidentiary hearing. Austin
    1
    The Honorable William R. Wilson, Jr., United States District Judge for the
    Eastern District of Arkansas, adopting the report and recommendations of the
    Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District
    of Arkansas.
    alleged that defendants’ hair-length policy requiring him to cut his hair violated his First
    Amendment rights, the Equal Protection Clause, and the Religious Freedom Restoration
    Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb-20000bb-4. He also claimed that a prior
    settlement agreement precluded application of the policy to him.
    After careful review of the record and the parties’ submissions on appeal, we
    conclude that the district court correctly dismissed Austin’s action as his claims fail,
    see Montano v. Hedgepeth, 
    120 F.3d 844
    , 848 n.8 (8th Cir. 1997) (RFRA); United
    States v. Bell, 
    86 F.3d 820
    , 823 (8th Cir.) (equal protection), cert. denied, 
    519 U.S. 955
    (1996); Campbell v. Purkett, 
    957 F.2d 535
    , 536-37 (8th Cir. 1992) (per curiam) (First
    Amendment); and the settlement agreement has been terminated, see Ronnie Briggs v.
    James Mabry, No. 99-1396, slip op. (8th Cir.).
    Accordingly, we affirm without further discussion. See 8th Cir. R. 47B.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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