SUPREME COURT OF ARKANSAS.
No. CV-15-789
Opinion Delivered May 12, 2016
MALIK MUNTAQIM
APPELLANT PRO SE MOTION TO FILE
BELATED NON-CONFORMING
V. REPLY BRIEF [JEFFERSON COUNTY
CIRCUIT COURT, NO. 35CV-15-184]
GAYLON R. LAY ET AL.
APPELLEES HONORABLE JODI RAINES
DENNIS, JUDGE
MOTION DENIED; CONFORMING
REPLY BRIEF DUE SIXTY DAYS
FROM THE DATE OF THIS
OPINION.
PER CURIAM
Appellant Malik Muntaqim filed a pro se complaint in the Jefferson County Circuit
Court alleging violation of his civil rights by a number of current and past state officers and
employees who Muntaqim, an inmate incarcerated in the Arkansas Department of
Correction (ADC), contends have wrongfully withheld religious materials from him in
violation of his constitutional rights and the federal Religious Land Use and Institutionalized
Persons Act, as codified at 42 United States Code Annotated section 2000cc-1-5
(RLUIPA). Muntaqim filed a motion for injunctive relief and summary judgment that the
circuit court denied by order entered August 10, 2015. Muntaqim filed a motion requesting
that the circuit court reconsider and amend the disposition, which was denied by a
September 2, 2015 order. Muntaqim lodged an appeal of that order in this court, and he
Cite as
has filed a motion in which he requests permission to file a noncompliant reply brief. We
deny the motion.
Muntaqim tendered the reply brief that he would file, and, in his motion, he
acknowledges that the argument portion is overlength and that he has included a
supplemental addendum with documents that he wishes to include in support of his
arguments on appeal. Muntaqim asserts that he requires the additional pages and the
supplemental addendum so that he may address all issues and apprise the court of the current
state of affairs. This additional argument and the documents that Muntaqim would include
in the brief were not presented to the circuit court and are not included in the record. An
appellate court does not consider matters outside the record. Dep’t of Career Educ., Div. of
Rehab. Serv. v. Means,
.
We decline to accept the tendered brief. Muntaqim may submit a conforming reply
brief that includes an argument portion within the fifteen-page limit, without a supplemental
addendum containing materials outside of the record on appeal, and that addresses only
those issues raised in the State’s brief within sixty days of the date of this opinion.
Motion denied; conforming reply brief due sixty days from the date of this opinion.
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