UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-1678

WALTER DOE, Plaintiff - Appellant, versus

UNITED STATES OF AMERICA; PAMELA ROE, in her individual and official capacities; ROBERT NOE, in his individual and official capacities, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Jerome B. Friedman, District Judge. (CA-02-02-4)

Argued: April 1, 2003 Decided: April 23, 2003

Before WIDENER, LUTTIG,* and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

* Judge Luttig was originally assigned to the panel in this case but did not hear oral argument. The decision is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).

ARGUED: Abram William VanderMeer, Jr., PENDER & COWARD, P.C., Virginia Beach, Virginia, for Appellant. Michael Anson Rhine, Assistant United States Attorney, UNITED STATES ATTORNEY’S OFFICE, Norfolk, Virginia, for Appellees. ON BRIEF: Paul J. McNulty, United States Attorney, UNITED STATES ATTORNEY’S OFFICE, Norfolk, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: During oral arguments held on April 1, 2003, the parties agreed that there was no longer any relief that could be had for the plaintiff in this case. Accordingly, the appeal is dismissed as moot.

DISMISSED