Abdul-Khabir v. Cherry

U.S. Court of Appeals for the Fourth Circuit

Abdul-Khabir v. Cherry

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7172

KHIDR ABDUL-KHABIR, a/k/a Quincy Davis,

Plaintiff - Appellant,

and

WILLIE CONNOR, III,

Plaintiff,

versus

ROY W. CHERRY, Superintendent; L. LATHAM, Lieutenant; J. O’NEIL, Holds Disciplinary Hearings Delivers Disciplinary Reports; E. JONES; D. STERLING; E. TAYLOR; DAVID L. SIMONS; K. LEE; LITTLEJOHN,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-01-500-2)

Submitted: October 29, 2003 Decided: November 18, 2003

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion. Khidr Abdul-Khabir, Appellant Pro Se. Samuel Lawrence Dumville, NORRIS & ST. CLAIR, P.C., Virginia Beach, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Khidr Abdul-Khabir appeals a district court judgment granting

summary judgment to the Defendants and dismissing his civil rights

complaint. The district court found that insofar as Abdul-Khabir

sought monetary damages as a result of due process violations

during two prison disciplinary hearings, the Defendants were

entitled to qualified immunity. With regard to Abdul-Khabir’s claim

for injunctive relief, the court found that expungement of his

prison records was not necessary. We have reviewed the record and

the district court orders and affirm on the reasoning of the

district court. See Abdul-Khabir v. Cherry, No. CA-01-500-2 (E.D.

Va. July 18, 2003). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

2

Reference

Status
Unpublished