UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6623

VINCENT EUGENE LINEBERGER,

Petitioner - Appellant,

versus

STEPHEN DEWALT; UNITED STATES DEPARTMENT OF JUSTICE; FEDERAL BUREAU OF PRISONS; UNITED STATES OF AMERICA,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-02-65)

Submitted: October 10, 2002 Decided: October 30, 2002

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Vincent Eugene Lineberger, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Vincent Eugene Lineberger appeals the district court’s orders

denying relief on his

(2000) petition. We dismiss

the appeal as moot. The issues presented in Lineberger’s second

petition were reviewed by this court in a separate

appeal filed by Lineberger of a district court’s denial of his

“motion for nunc pro tunc imposition of sentence.” See United

States v. Dewalt, No. 02-6258 (4th Cir. Sept. 27, 2002)

(unpublished). We deny Lineberger’s motions to proceed on appeal

in forma pauperis and to reconsider the order denying his motion

for release. 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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