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HINTON v. LVCC MD (2019)

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United States Court of Appeals, Fourth Circuit.

Donald Lee HINTON, Plaintiff-Appellant, v. P. MCCABE, Defendant-Appellee, Easter, Medical Technician LVCC; Daniel Calhoun, MD, Defendants.

No. 18-6775

Decided: March 19, 2019

Before WYNN and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Donald Lee Hinton, Appellant Pro Se. Robert Bruce Hill, HILL & RAINEY, ATTORNEYS AT LAW, Colonial Heights, Virginia, for Appellee.

In this 42 U.S.C. § 1983 (2012) action brought by Donald Hinton, the district court entered an order granting summary judgment to defendant and dismissing the action but subsequently vacated the order of dismissal. Hinton noted his appeal from the order of dismissal. Because the order appealed has been vacated, this appeal is now moot. See Incumaa v. Ozmint, 507 F.3d 281, 286 (4th Cir. 2007) (setting forth principles of appellate mootness); Mellen v. Bunting, 327 F.3d 355, 363-64 (4th Cir. 2003) (“When a case has become moot after the entry of the district court’s judgment, an appellate court no longer has jurisdiction to entertain the appeal.”).

Accordingly, we dismiss the appeal as moot. The motions for appointment of counsel, to amend/correct the appeal, and to amend a motion filed in the district court are denied. 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 the decisional process.



Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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