Mark Rich v. Unknown

Opinion

USCA4 Appeal: 23-7199 Doc: 13 Filed: 03/01/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7199

MARK A. RICH,

Plaintiff - Appellant,

v.

UNKNOWN,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:23-cv-00385-MHL-MRC)

Submitted: February 27, 2024 Decided: March 1, 2024

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark A. Rich, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7199 Doc: 13 Filed: 03/01/2024 Pg: 2 of 2

PER CURIAM:

Mark A. Rich seeks to appeal the district court’s order dismissing without prejudice

his civil complaint for failure to prosecute. On October 27, 2023, the district court granted

Rich’s motion for reconsideration, vacated the dismissal order, and reopened the case. See

Rich v. Unknown, No. 3:23-cv-00385-MHL-MRC (E.D. Va. Oct. 27, 2023). Rich’s appeal

of that dismissal order is therefore moot. See Williams v. Ozmint, 716 F.3d 801, 809 (4th

Cir. 2013) (“A case becomes moot when the issues presented are no longer live or the

parties lack a legally cognizable interest in the outcome.” (internal quotation marks

omitted)); see also Fort Knox Music Inc. v. Baptiste, 257 F.3d 108, 110 (2d Cir. 2001)

(explaining that because “[a] vacated judgment has no effect,” an appeal from a vacated

judgment is moot).

We therefore dismiss the appeal as moot. 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