Abir Ali v. Esker Tatum

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 3, 2025
• Docket: 24-6527
• Status: Unpublished

Opinion

USCA4 Appeal: 24-6527 Doc: 10 Filed: 03/03/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6527

ABIR ALI,

Plaintiff - Appellant,

v.

ESKER LEE TATUM, Warden; JOHN DOE,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:24-cv-00073-DJN-MRC)

Submitted: February 27, 2025 Decided: March 3, 2025

Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Abir Ali, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6527 Doc: 10 Filed: 03/03/2025 Pg: 2 of 2

PER CURIAM:

Abir Ali, a Virginia inmate, appeals the district court’s order dismissing without

prejudice his 42 U.S.C. § 1983 complaint for failure to comply with the court’s prior order

directing Ali to pay the partial filing fee. ∗ Our review of the district court’s docket reveals

that, shortly after entry of the dismissal order, Ali demonstrated his attempt to timely

comply with the payment order and paid the fee. The district court thus vacated the

dismissal order and reinstated Ali’s § 1983 complaint. Ali’s § 1983 action remains

ongoing in the district court. Because the district court effectively granted Ali the only

relief he could have obtained on appeal, we dismiss this appeal as moot. CVLR

Performance Horses, Inc. v. Wynne, 792 F.3d 469, 474 (4th Cir. 2015) (“Litigation may

become moot during the pendency of an appeal when an intervening event makes it

impossible for the court to grant effective relief to the prevailing party.”). 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

∗ The order of dismissal without prejudice is a final, appealable order because the court did not grant leave to amend. See Britt v. DeJoy, 45 F.4th 790, 796 (4th Cir. 2022) (en banc).