Michael Berry v. VDOC

Opinion

USCA4 Appeal: 24-6390 Doc: 17 Filed: 01/09/2026 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6390

MICHAEL ALLEN BERRY,

Petitioner - Appellant,

v.

VIRGINIA DEPARTMENT OF CORRECTIONS; VIRGINIA PAROLE BOARD,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:22-cv-01302-CMH-WEF)

Submitted: August 26, 2025 Decided: January 9, 2026

Before WILKINSON, BENJAMIN, and BERNER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Allen Berry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6390 Doc: 17 Filed: 01/09/2026 Pg: 2 of 2

PER CURIAM:

Michael Allen Berry seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2254 petition. Berry contended that he was entitled to immediate release from

the Virginia Department of Corrections based on alleged due process violations related to

his parole eligibility. During the pendency of this appeal, Berry was released from

incarceration. Accordingly, we deny his motion for appointment of counsel, and we

dismiss the appeal as moot. See Fleet Feet, Inc. v. NIKE, Inc., 986 F.3d 458, 463 (4th Cir.

2021) (“If an event occurs during the pendency of an appeal that makes it impossible for a

court to grant effective relief to a prevailing party, then the appeal must be dismissed as

moot.” (citation modified)). 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