Beasley v. Wood

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 24, 2008
• Docket: 07-7541
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7541

MARION BEASLEY, JR.,

Plaintiff - Appellant,

v.

D.G. WOOD,

Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (1:05-cv-00850-NCT)

Submitted: April 3, 2008 Decided: April 24, 2008

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marion Beasley, Jr., Appellant Pro Se. Yvonne Bulluck Ricci, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Marion Beasley, Jr., appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed

the record and find no reversible error. Accordingly, we affirm

substantially for the reasons stated by the district court.

Beasley v. Wood, No. 1:05-cv-00850-NCT (M.D.N.C. Sept. 21, 2007).

Moreover, although not specifically addressed by the district

court, Beasley’s claim under the Religious Land Use and

Institutionalized Persons Act, Pub. L. No. 106-274, 114 Stat. 804,

42 U.S.C. § 2000cc-1(a) (2000) (“RLUIPA”), may be dismissed for the

same reasons as his § 1983 claim. See Lovelace v. Lee, 472 F.3d

174, 185-86 (4th Cir. 2006). 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

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