Did the 8th Circuit incorrectly apply the mootness standard and encourage prisons to utilize transfers to moot suits?

QUESTION(S) PRESENTED 1. Did 8th Circuit incorrectly apply mootness standard and encourage prisons to utilize transfers to moot suits, at which point they are then free to transfer back the inmate after the suit is dismissed? 2. In hearing mootness assertion the first time on appeal, was it ' abuse of discretion to not hear evidence that claims were not actually moot? ‘ 3. Should the holding of mootness have rendered district court : decisions void? ' 4,Was 8th Circuit holding of failure to exhaust contrary to : precedents of this court and other circuits? ; 5. Did 8th Circuit inessence create a new standard for RLUIPA cases that is contrary to the decisions of this court, other circuits and the intent of Congress? . a. JUDGE ADOPTED A STANDARD OF PROOF COUNTER TO THE PURPOSE OF THE RLUIPIA . b. COURT DID NOT REQUIRE STATE TO PRESENT ANY EVIDENCE c. DISTRICT COURT RESOLVED DISPUTED FACTS IN DEFENDANT’S FAVOR doel Marvin Munt .