Malcolm Muhammad v. Corrections Officer Smith ( 2014 )


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  •                              UNPUBLISHED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    Affirmed by unpublished per curiam opinion.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    Unpublished opinions are not binding precedent in this circuit.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
    

Document Info

Docket Number: 14-7052

Filed Date: 12/15/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021