Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6144
DEANGELO MARQUESE MARTIN,
Petitioner - Appellant,
v.
L. KELLY, Warden,
Respondent - Appellee.
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)
Submitted: May 21, 2009 Decided: May 29, 2009
Before MOTZ and TRAXLER, Circuit Judges.*
Dismissed by unpublished per curiam opinion.
DeAngelo Marquese Martin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
* The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d) (2006).
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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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