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INCUMAA v. OZMINT

No. 04-7824.

507 F.3d 281 (2007)

Lumumba Kenyatta INCUMAA, a/k/a Theodore Harrison, Plaintiff-Appellant, v. Jonathan E. OZMINT, Director, SCDC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert Alexander Schwartz, Arnold & Porter, L.L.P., Washington, D.C., for Appellant. Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, S.C., for Appellee. ON BRIEF: Justin S. Antonipillai, C. Ezekiel Ross, Arnold & Porter, L.L.P., Washington, D.C., for Appellant.

Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Dismissed as moot by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge DUNCAN and Senior Judge ELLIS joined.

OPINION

WILLIAMS, Chief Judge:

In 2003, Lumumba Kenyatta Incumaa, then an inmate in the South Carolina Department of Corrections ("SCDC") Maximum Security Unit ("MSU"), brought this action under 42 U.S.C.A. § 1983 (West 2003), alleging that an SCDC policy barring MSU inmates from receiving publications via the...

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