THOMAS v. WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION (2021)

Jamaad D. Thomas seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. § 2254 petition for failure to prosecute. On January 5, 2021, the district court granted Thomas’ motion for reconsideration, vacated the dismissal order, and reopened the case. See Thomas v. Warden, No. 5:20-cv-03834-HMH-KDW (D.S.C. Jan. 5, 2021). Accordingly, Thomas’ appeal of that order is now moot. See Williams v. Ozmint, 716 F.3d 801, 809 (4th Cir. 2013) (explaining that “[a] case becomes moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome” (internal quotation marks omitted)); see also Fort Knox Music Inc. v. Baptiste, 257 F.3d 108, 110 (2d Cir. 2001) (noting that because “[a] vacated judgment has no effect,” an appeal from a vacated judgment is moot).

Accordingly, we dismiss the appeal as moot. 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.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.