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MAYO v. NORFOLK POLICE DEPARTMENT III (2019)

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United States Court of Appeals, Fourth Circuit.

Robert Lee MAYO, Plaintiff - Appellant, v. NORFOLK POLICE DEPARTMENT, Police Official; Richard Davis, III, Attorney; Kathleen Ortiz, Public Defender, Defendants - Appellees.

No. 18-7355

Decided: April 29, 2019

Before FLOYD and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Robert Lee Mayo, Appellant Pro Se.

In this 42 U.S.C. § 1983 (2012) action brought by Robert Lee Mayo, the district court entered an order dismissing the action without prejudice but subsequently vacated the order of dismissal. Mayo 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. 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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