Stokes v. Fontenot, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30866
Summary Calendar
CEBREN N. STOKES,
Plaintiff-Appellant,
versus
NOLAN FONTENOT, Chaplain;
BURL CAIN, Warden, Louisiana
State Penitentiary; RICHARD L.
STALDER, Secretary of the
Louisiana Department of Public
Safety and Corrections,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 96-CV-7348-C
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July 11, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Cebren N. Stokes, Louisiana prisoner # 113592, appeals from
the summary judgment in favor of the defendants, dismissing his
42 U.S.C. § 1983 complaint. Stokes argues that the defendants
have denied him an opportunity to practice his religion by
refusing to allow followers of the Nation of Islam to practice,
teach, propagate, and congregate separately from the main Islamic

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No. 99-30866
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group at the penitentiary. Stokes also argues that followers of
the Nation of Islam have been treated less favorably than
Christians in violation of the Equal Protection Clause.
Stokes has been afforded a reasonable opportunity to
exercise his religious freedom. Turner v. Safley, 482 U.S. 78,
89-90 (1987); Cruz v. Beto, 405 U.S. 319, 322 (1972). Stokes has
not demonstrated that similarly situated individuals have been
treated differently so as to violate the Equal Protection Clause.
Wheeler v. Miller, 168 F.3d 241, 252 (5th Cir. 1999).
Accordingly, the judgment of the district court is AFFIRMED.
Stokes’s request for an appeal conference pursuant to Fed.
R. App. P. 33 is DENIED.
AFFIRMED. MOTION DENIED.

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