Jokhan v. Lamanna

U.S. Courts of Appeals

Decided December 2, 2005

U.S. Courts of Appeals · decided 2005-12-02

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Muth v. United States

Affirmed by unpublished PER CURIAM opinion · Decided 2005-12-02

*588 PER CURIAM:

¶1 Shueyb Mossa Jokhan appeals the district court’s adoption of a magistrate’s recommendation to dismiss his 28 U.S.C. § 2241 (2000) petition. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Jokhan v. LaManna, No. CA-04-21874-6-HFF (D.S.C. Apr. 15, 2005). 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. *

¶2 AFFIRMED

¶3 We do not address Jokhan’s claim that he is being discriminated against because of his religion as this claim is raised for the first time on appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir.1993) (holding that issues raised for the first time on appeal are generally waived absent exceptional circumstances).