(CA-01-384) Rafael Cornelio Brito, etc v. Department of Justice

Filed: January 31, 2002
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7444
(CA-01-384)
Rafael Cornelio Brito, etc.,
Plaintiff - Appellant,
versus
Department of Justice, et al.,
Defendants - Appellees.
O R D E R
The court amends its opinion filed January 2, 2002, as
follows:
On the cover sheet, section 2, line 2 of appellees -- the
spelling of “States” is corrected.
On the cover sheet, section 5 -- the panel information is
corrected to read “Before LUTTIG, TRAXLER, and GREGORY, Circuit
Judges.”
For the Court - By Direction
/s/ Patricia S. Connor
Clerk

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7444
RAFAEL CORNELIO BRITO, a/k/a Rafael C. Matos,
Plaintiff - Appellant,
versus
DEPARTMENT OF JUSTICE; JOHN ASHCROFT, Attorney
General; RICHARD L. WILLIAMS, United States
District Judge, Richmond Division,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-01-384)
Submitted: December 20, 2001 Decided: January 2, 2002
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rafael Cornelio Brito, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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3
PER CURIAM:
Rafael Cornelio Brito appeals the district court’s dismissal
without prejudice of his 42 U.S.C.A. § 1983 (West Supp. 2001)
action because he failed to pay a filing fee or petition the court
to proceed in forma pauperis. After Brito noted this appeal, the
district court granted Brito’s motion to reconsider, vacated
judgment, and reinstated his § 1983 action. Brito v. Department of
Justice, No. CA-01-384 (E.D. Va. Sept. 24, 2001). We therefore
dismiss the present 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

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