Malcolm Muhammad v. Leslie Green
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00662-LO-MSN Copies to all parties and the district court/agency. [999752726]. Mailed to: Malcolm Muhammad. [15-6638]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6638
MALCOLM MUHAMMAD,
Plaintiff – Appellant,
v.
LESLIE S. GREEN; WILLIAM R. BLAINE; ELIZABETH BALLARD, DNA
Forensic Scientist; ANN M. CONNELL, Deputy Clerk of Court;
NATHAN LEE, Judge; Circuit Court Judge,
Defendants – Appellees,
and
COMMONWEALTH OF VIRGINIA,
Defendant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:14-cv-00662-LO-MSN)
Submitted:
September 15, 2015
Decided:
February 10, 2016
Before KING, WYNN, and HARRIS, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Malcolm Muhammad, Appellant Pro Se.
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Virginia
prisoner
Malcolm
Muhammad
appeals
the
district
court’s order dismissing this 42 U.S.C. § 1983 (2012) action
pursuant to 28 U.S.C. § 1915A(b)(1) (2012) for failure to state
a claim upon which relief could be granted.
We affirm in part
and dismiss in part.
Muhammad
contended
that
his
due
process
rights
were
violated when a Virginia state court denied his postconviction
motion, made pursuant to Va. Code Ann. § 19.2-270.4:1 (2015),
for preservation of certain items of evidence.
to
have
results
DNA
testing
of
such
performed
testing
first-degree murder.
on
would
the
Muhammad hoped
evidence
establish
his
and
that
innocence
the
of
Muhammad’s chief contention was that, by
allegedly requiring that he prove that the evidence in question
constituted
incorrectly
human
biological
interpreted
and
evidence,
applied
the
the
state
statute
and
court
thereby
violated his due process rights.
The district court dismissed the case pursuant to Heck v.
Humphrey,
512
“establishing
U.S.
the
477
basis
(1994).
for
the
Heck
.
held
that
.
claim
necessarily
.
where
demonstrates the invalidity of the conviction,” a § 1983 action
will
not
lie
“unless
.
already been invalidated.”
.
.
the
conviction
or
Id. at 481-82, 487.
sentence
has
Subsequent to
Heck, the Supreme Court held that “a convicted state prisoner
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seeking DNA testing of crime-scene evidence [may] assert that
claim
in
a
civil
rights
action
under
Switzer, 562 U.S. 521, 524-25 (2011).
§ 1983.”
Skinner
v.
The Court observed that
gaining access to DNA testing alone does not necessarily imply
the unlawfulness of the conviction or sentence.
Application
of
Skinner
demonstrates
that
the
Id. at 525.
dismissal
of
Muhammad’s § 1983 action on the basis of Heck was error.
However, despite this error, we find that this action is
subject to dismissal on alternative grounds.
First, there is no
substantive due process right to the postconviction preservation
and testing of DNA evidence.
District Attorney’s Office for the
Third Judicial Circuit v. Osborne, 557 U.S. 52, 72 (2009); see
also Skinner, 562 U.S. at 525.
Second, with respect to the
claimed
due
violation
of
procedural
process,
we
note
that
Muhammad does not claim that § 19.2-270.4:1 is itself invalid.
Rather, he contends that the state circuit court erroneously
applied the statute in deciding his case.
lack
jurisdiction
doctrine. *
over
this
claim
under
Lower federal courts
the
Rooker-Feldman
Cf. Skinner, 562 U.S. at 531-32; see Exxon Mobil
Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005).
*
Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923);
District of Columbia Court of Appeals v. Feldman, 460 U.S. 462
(1983).
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We therefore affirm the dismissal of Muhammad’s substantive
due process claim and dismiss, for want of jurisdiction, his
procedural due process claim.
We dispense with oral argument
because the facts and legal issues are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART
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