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United States Court of Appeals, Fourth Circuit

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It affirms the district court's denial of relief to the plaintiff, Khalil Ali Al-Munin Ibn-Thorpe, on his 42 U.S.C. § 1983 complaint against several prison officials. The Court of Appeals found no reversible error in the district court's acceptance of the magistrate judge's recommendation. Additionally, to the extent the plaintiff raised a religious practice claim during segregation, the court found he waived his right to appeal that issue by failing to object to the magistrate's report. The Court of Appeals affirmed the lower court's ruling and dispensed with oral arguments.
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0% found this document useful (0 votes)
19 views2 pages

United States Court of Appeals, Fourth Circuit

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It affirms the district court's denial of relief to the plaintiff, Khalil Ali Al-Munin Ibn-Thorpe, on his 42 U.S.C. § 1983 complaint against several prison officials. The Court of Appeals found no reversible error in the district court's acceptance of the magistrate judge's recommendation. Additionally, to the extent the plaintiff raised a religious practice claim during segregation, the court found he waived his right to appeal that issue by failing to object to the magistrate's report. The Court of Appeals affirmed the lower court's ruling and dispensed with oral arguments.
Copyright
© Public Domain
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76 F.

3d 373

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Khalil Ali Al-Munin IBN-THORPE, a/k/a Kahill Kashon
Thorpe,
Plaintiff-Appellant,
v.
James SEWELL, Defendant-Appellee,
and
Stanley R. WITKOWSKI, Warden, Perry Correctional
Institution, in his individual and official capacity;
Charles Brock, Associate Warden, Perry Correctional
Institution, in his individual and official capacity; John
Doe Sewell, Captain for Perry Correctional Institution in
his individual and official capacity; Flora Boyd; John Doe
Funderburk, Captain for Evans Correctional Institution, in
his individual and official capacity, Defendants.
No. 95-7391.

United States Court of Appeals, Fourth Circuit.


Submitted Jan. 18, 1996.
Decided Feb. 5, 1996.

Appeal from the United States District Court for the District of South
Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CA-941321-6-3AK)
Khalil Ali Al-Munin Ibn-Thorpe, Appellant Pro Se. Ronald Keith Wray,
II, GIBBES & CLARKSON, P.A., Greenville, South Carolina, for
Appellees.
Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN,

Senior Circuit Judge.


PER CURIAM:

Appellant appeals from the district court's order denying relief on his 42 U.S.C.
1983 (1988) complaint. We have reviewed the record and the district court's
opinion accepting the magistrate judge's recommendation and find no
reversible error. Accordingly, we affirm substantially on the reasoning of the
district court. Thorpe v. Sewell, No. CA-94-1321-6-3AK (D.S.C. Aug. 1,
1995). Finally, to the extent that Appellant may have raised a claim that he was
denied the right to practice his religion while on segregation, he waived his
right to appeal any error by the district court by failing to object to the
magistrate judge's report regarding this claim. See Wright v. Collins, 766 F.2d
841, 845-46 (4th Cir.1985). 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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