U.S. Court of Appeals for the Fourth Circuit, 2005

Muwakkil v. Robinson

Muwakkil v. Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided July 12, 2005 · Luttig, King, Hamilton
143 F. App'x 512

Muwakkil v. Robinson

Opinion

PER CURIAM.

Yaqub Hameed Muwakkil appeals from the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint regarding prison conditions for failure to state a claim under 28 U.S.C. § 1915A (2000). After the district court entered its order, Muwakkil was transferred. Because Muwakkil sought only injunctive and declaratory relief, his subsequent transfer renders his appeal moot. See Williams v. Griffin, 952 F.2d 820, 823 (4th Cir. 1991). Nonetheless, after a review of the record, we conclude that the district court incorrectly decided that Muwakkü’s complaint failed to state a claim. Accordingly, although we dismiss the appeal as moot, we note that the district court’s dismissal should not count as a “strike” for purposes of 28 U.S.C. § 1915(g) (2000). 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.

DISMISSED.

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