Filed: Aug. 24, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6758 ELTON LEE WILLIAMS, Plaintiff - Appellant, and UNITED STATES OF AMERICA, Intervenor - Plaintiff, versus RONALD J. ANGELONE, in his individual and official capacity; GENE M. JOHNSON; H. R. POWELL, Warden, Southampton Correctional Center; RUPUS FLEMING, in his individual and official capacity as the Regional Director; W. W. PIXLEY, Lieutenant, Southampton Correctional Center; J. BARNES, Lieutenant, at Southampton Correct
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6758 ELTON LEE WILLIAMS, Plaintiff - Appellant, and UNITED STATES OF AMERICA, Intervenor - Plaintiff, versus RONALD J. ANGELONE, in his individual and official capacity; GENE M. JOHNSON; H. R. POWELL, Warden, Southampton Correctional Center; RUPUS FLEMING, in his individual and official capacity as the Regional Director; W. W. PIXLEY, Lieutenant, Southampton Correctional Center; J. BARNES, Lieutenant, at Southampton Correcti..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6758
ELTON LEE WILLIAMS,
Plaintiff - Appellant,
and
UNITED STATES OF AMERICA,
Intervenor - Plaintiff,
versus
RONALD J. ANGELONE, in his individual and
official capacity; GENE M. JOHNSON; H. R.
POWELL, Warden, Southampton Correctional
Center; RUPUS FLEMING, in his individual and
official capacity as the Regional Director; W.
W. PIXLEY, Lieutenant, Southampton
Correctional Center; J. BARNES, Lieutenant, at
Southampton Correctional Center; R. A. YOUNG,
Regional Director of Virginia Department of
Corrections; LARRY W. JARVIS, Warden at Bland
Correctional Center; CLARENCE A. HOLLAR; K. A.
POLINSKY, Assistant Warden of Programs at
Bland Correctional Center; F. E. LOCKHART,
Treatment Program Supervisor at Bland
Correctional Center; H. J. HICKMAN, Captain at
Bland Correctional Center; S. K. YOUNG, WRSP;
A. P. HARVEY, WRSP; SERGEANT WILKINS, WRSP; H.
O. YATES, Major, WRSP; R. SNIDER, Lieutenant,
WRSP; D. TAYLOR, Captain, WRSP; SERGEANT
COLLINS, WRSP; CORRECTIONAL OFFICER COLLENS;
SERGEANT HAMILTON, WRSP; CORRECTIONAL OFFICER
MCKINNEY, WRSP; J. MINTON, Correctional
Officer, WRSP; CORRECTIONAL OFFICER KISER,
WRSP; OFFICER SHOEMAKER, WRSP; JOHN DOE,
Correctional Officer, WRSP,
Defendants - Appellees.
No. 03-6876
ELTON LEE WILLIAMS,
Plaintiff,
and
UNITED STATES OF AMERICA,
Intervenor - Appellant,
versus
RONALD J. ANGELONE, in his individual and
official capacity; GENE M. JOHNSON; H. R.
POWELL, Warden, Southampton Correctional
Center; RUPUS FLEMING, in his individual and
official capacity as the Regional Director; W.
W. PIXLEY, Lieutenant, Southampton
Correctional Center; J. BARNES, Lieutenant, at
Southampton Correctional Center; R. A. YOUNG,
Regional Director of Virginia Department of
Corrections; LARRY W. JARVIS, Warden at Bland
Correctional Center; CLARENCE A. HOLLAR; K. A.
POLINSKY, Assistant Warden of Programs at
Bland Correctional Center; F. E. LOCKHART,
Treatment Program Supervisor at Bland
Correctional Center; H. J. HICKMAN, Captain at
Bland Correctional Center; S. K. YOUNG, WRSP;
A. P. HARVEY, WRSP; SERGEANT WILKINS, WRSP; H.
O. YATES, Major, WRSP; R. SNIDER, Lieutenant,
WRSP; D. TAYLOR, Captain, WRSP; SERGEANT
COLLINS, WRSP; CORRECTIONAL OFFICER COLLENS;
SERGEANT HAMILTON, WRSP; CORRECTIONAL OFFICER
MCKINNEY, WRSP; J. MINTON, Correctional
Officer, WRSP; CORRECTIONAL OFFICER KISER,
WRSP; OFFICER SHOEMAKER, WRSP; JOHN DOE,
Correctional Officer, WRSP,
Defendants - Appellees.
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Appeals from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-01-00274-7)
Submitted: July 28, 2004 Decided: August 24, 2004
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished per
curiam opinion.
Elton Lee Williams, Appellant Pro Se. Thomas E. Caballero, Mark
Bernard Stern, Catherine Yvonne Hancock, Michael Scott Raab, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Intervenor-
Appellant. Susan Foster Barr, OFFICE OF THE ATTORNEY GENERAL OF
VIRGINIA, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Elton Lee Williams, a Virginia inmate, appeals the
district court’s order denying relief on his 42 U.S.C. § 1983
(2000) complaint and his claims pursuant to the Religious Land Use
and Institutionalized Persons Act [RLUIPA]. To the extent the
district court found that Williams failed to establish a violation
of his constitutional rights, we affirm on the reasoning of the
district court. See Williams v. Angelone, No. CA-01-00274-7 (W.D.
Va. Mar. 31, 2003).
The district court relied on its decision in Madison v.
Riter,
240 F. Supp. 2d 566 (W.D. Va. 2003), to deny Williams relief
under § 1983 based on his RLUIPA claims. After the district court
entered judgment in Williams’s action, this Court reversed the
district court’s holding in Madison on December 8, 2003.
Madison v. Riter,
355 F.3d 310 (4th Cir. 2003). Accordingly, we
vacate the district court’s order denying Williams’s RLUIPA claims
and remand those claims to the district court for further
proceedings. We dispense with oral argument because the facts and
legal contentions are adequately presented in the material before
the court and argument would not aid the decisional process.
AFFIRMED IN PART,
VACATED IN PART, AND REMANDED
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