Jarvis v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 16, 2008
• Docket: 08-6976
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6976

DOUGLAS ALAN JARVIS,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA; BUREAU OF PRISONS; HARLEY G. LAPPIN; HARRELL WATTS; KIMBERLEY M. WHITE; TERRY BILLINGSLEY; MICHELLE T. FUSEYAMORE; KELLY BOYLE; PATRICIA R. STANSBERRY; VANESSA P. ADAMS; JEFF ALLEN; MICHEL JOSEPH; MILTON C. SPEIGHTS; ANTHONY HARDING,

Plaintiffs - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:08-cv-00052-RAJ-TEM)

Submitted: October 22, 2008 Decided: December 16, 2008

Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Douglas Alan Jarvis, Appellant Pro Se. George Maralan Kelley, III, Assistant United States Attorney, Norfolk, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Douglas Alan Jarvis appeals the district court’s order

denying his motion for preliminary injunction. An order

granting or denying injunctive relief is immediately appealable.

28 U.S.C. § 1292 (2000). However, “[t]o qualify as a case fit

for federal-court adjudication, an actual controversy must be

extant at all stages of review . . . .” Toms v. Allied Bond &

Collection Agency, Inc., 179 F.3d 103, 105 (4th Cir. 1999)

(quoting Arizonans for Official English v. Arizona, 520 U.S. 43,

67 (1997)). Because Jarvis has obtained the relief he sought,

i.e., transfer to a community correctional center, we dismiss

this appeal as moot. We grant Jarvis’ motions to amend his

informal brief and also deny as moot his motion to expedite.

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