Lyons v. Beeler , 114 F. App'x 580 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6881
JAMES D. LYONS,
Plaintiff - Appellant,
versus
ARTHUR F. BEELER; HARLEY G. LAPPIN; HARRELL
WATTS; KATHLEEN HAWK-SAWYER,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CA-02-467-5-F3)
Submitted: October 15, 2004 Decided: December 6, 2004
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Neal Lawrence Walters, Charlottesville, Virginia, for Appellant.
Frank DeArmon Whitney, United States Attorney, Rudolf A. Renfer,
Jr., Anne Margaret Hayes, Assistant United States Attorneys,
Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James D. Lyons appeals the district court’s order denying
relief on his complaint filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The
Government has moved to dismiss on the basis that the sole claim
advanced by Lyons’ counsel is rendered moot by amendments to the
federal regulations controlling smoking in the Bureau of Prisons.
We agree that the amended regulations render this claim moot.
Accordingly, we grant in part the motion to dismiss, and we dismiss
this claim. See Leonard v. Hammond, 804 F.2d 838, 842 (4th Cir.
1986).
We deny, however, the Government’s motion to dismiss with
respect to Lyons’ remaining pro se claims. Having considered these
remaining claims on the merits, we nonetheless find them
unpersuasive. Accordingly, we affirm as to the remaining claims on
the reasoning of the district court. See Lyons v. Beeler, No.
CA-02-467-5-F3 (E.D.N.C. Apr. 23, 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 IN PART;
DISMISSED IN PART
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