Malcolm Muhammad v. Corrections Officer Smith

U.S. Court of Appeals for the Fourth Circuit

Malcolm Muhammad v. Corrections Officer Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7052

MALCOLM MUHAMMAD,

Plaintiff – Appellant,

v.

CORRECTIONS OFFICER SMITH; HAROLD W. CLARKE; RANDALL MATHENA; YOUNCE (Unit Manager); LAMBERT, Building Supervisor,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:13-cv-00578-JLK-RSB)

Submitted: November 18, 2014 Decided: December 15, 2014

Before KING, WYNN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Malcolm Muhammad, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Malcolm Muhammad appeals the district court’s orders

dismissing his

42 U.S.C. § 1983

(2012) complaint under

28 U.S.C. § 1915

(e)(2) (2012) and denying his motion for reconsideration.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Muhammad v. Corrections Officer Smith, No. 7:13-cv-

00578-JLK-RSB (W.D. Va. Mar. 14 & June 3, 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

* Muhammad’s First Amendment claim that his cell was searched in retaliation for his outspoken and litigious nature is also subject to dismissal because this allegation is unsupported and speculative. See Adams v. Rice,

40 F.3d 72

, 74- 75 (4th Cir. 1994).

2

Reference

Status
Unpublished