United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-1346 ___________

Moorish Science Temple of America, * Inc., * * Plaintiff, * * Frank Applewhite, * * Appellant, * * Appeal from the United States Curtis L. Owen, * District Court for the * District of Minnesota. Plaintiff, * [UNPUBLISHED] * v. * * Steve Hokonson, Chaplain; * David Crist, * * Appellees. * ___________

Submitted: August 19, 1999

Filed: August 25, 1999 ___________

Before WOLLMAN, Chief Judge, McMILLIAN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Frank Applewhite, a former inmate at the Minnesota Correctional Facility at Stillwater, appeals the district court’s1 order granting defendants& motion for summary judgment following our remand in Moorish Science Temple of America v. Benson, No. 95-2549, 1996 WL 280076 (8th Cir. May 29, 1996) (unpublished per curiam). Applewhite’s recent transfer to another Minnesota correctional facility has mooted his claims, as to which he sought only equitable relief. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota. -2-