Categories: Fourth Circuit Court of Appeals Opinions

MARTIN v. KELLY, 326 Fed.Appx. 227 (4th Cir. 2009)

DeAngelo Marquese MARTIN, Petitioner-Appellant, v. L. KELLY, Warden, Respondent-Appellee.

No. 09-6144.United States Court of Appeals, Fourth Circuit.Submitted: May 21, 2009.
Decided: May 29, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cv-00991-LMB-IDD).

DeAngelo Marquese Martin, Appellant Pro Se.

Before MOTZ and TRAXLER, Circuit Judges.[*]

[*] The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (2006).

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

DeAngelo Marquese Martin seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2006) petition without prejudice for failing to prepay the filing fee. Our review of the district court docket sheet reveals that Martin paid the filing fee on January 27, 2009, shortly after filing his notice of appeal. Accordingly, because Martin has paid the filing fee and the district court has reopened his case, we deny a certificate of appealability and dismiss the appeal as moot. 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 in the decisional process.

DISMISSED.

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