Muwakkil v. Robinson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6232
YAQUB HAMEED MUWAKKIL,
Plaintiff - Appellant,
versus
A. DAVID ROBINSON,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-04-1374)
Submitted: June 22, 2005 Decided: July 12, 2005
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Yaqub Hameed Muwakkil, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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 Muwakkil’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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