TOMPKINS v. VIRGINIA (2020)

United States Court of Appeals, Fourth Circuit.

Derek Lamar TOMPKINS, Petitioner - Appellant, v. Commonwealth of VIRGINIA, Respondent - Appellee.

No. 20-6716

Decided: October 27, 2020

Before WYNN, FLOYD, and THACKER, Circuit Judges.

Derek Lamar Tompkins, Appellant Pro Se.

Derek Lamar Tompkins appeals the district court's order denying his application for leave to proceed in forma pauperis and dismissing his 28 U.S.C. § 2254 petition because he failed to pay the $5 filing fee. Our review of the record shows that Tompkins paid the filing fee before the district court dismissed his petition. Accordingly, we vacate the district court's order and remand for further proceedings.^* We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED

FOOTNOTES

FOOTNOTE. We deny a certificate of appealability as unnecessary. See Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 L.Ed.2d 347 (2009).

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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