Abdul Mu'Min v. K. L. Simmon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for injunctive relief [999337863-2]; denying Motion for expedited treatment [999337863-3] Originating case number: 7:13-cv-00588-GEC Copies to all parties and the district court/agency. [999406835]. Mailed to: Abdul Mu'Min. [14-6401]

Appeal: 14-6401

Doc: 11

Filed: 07/31/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6401

ABDUL MU’MIN, f/k/a Travis Jackson Marron,
Plaintiff - Appellant,
v.
K. L. SIMMONS; T. C. HOSTETTER, Hearings Officer; D. A.
KINCAID,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:13-cv-00588-GEC)

Submitted:

July 23, 2014

Decided:

July 31, 2014

Before GREGORY, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Abdul Mu’min, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6401

Doc: 11

Filed: 07/31/2014

Pg: 2 of 2

PER CURIAM:
Abdul

Mu’min

appeals

the

district

court’s

order

dismissing his civil rights complaint for failure to state a
claim.

We

have

reviewed

error.

Accordingly,

we

the
deny

record
Mu’min’s

and

find

motion

no

reversible

for

injunctive

relief and expedited treatment and affirm for the reasons stated
by the district court.
(W.D.

Va.

Feb.

19,

Mu’min v. Kincaid, No. 7:13-cv-00588-GEC

2014). *

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED

*

Mu’min’s RLUIPA claim was not properly before the district
court.
He did not clearly assert a desire to raise a RLUIPA
claim until his motion to reconsider and at no time fairly
communicated his intention to the district court prior to its
ruling.
Because the district court dismissed Mu’min’s civil
action without prejudice, nothing prevents Mu’min from pursuing
a RLUIPA claim in a new action.

2