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14-6401•ABDUL MU’MIN, f/k/a Travis Jackson Marron v. K. L. SIMMONS; T. C. HOSTETTER, Hearings Officer; D. A. KINCAID
14-6401Court of Appeals for the Fourth CircuitJul 31, 2014
UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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 the record and find no reversible
error. Accordingly, we deny Mu’min’s motion for injunctive
relief and expedited treatment and affirm for the reasons stated
by the district court. Mu’min v. Kincaid, No. 7:13-cv-00588-GEC
(W.D. Va. Feb. 19, 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.
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