Travis Frye v. Medical Department/Quidwai
Travis Frye v. Medical Department/Quidwai
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 18-7053
TRAVIS FRYE,
Plaintiff - Appellant,
v.
MEDICAL DEPARTMENT/QUIDWAI,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:18-cv-00326-REP-RCY)
Submitted: December 20, 2018 Decided: December 27, 2018
Before DIAZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Travis Frye, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Travis Frye, a Virginia inmate, appeals the district court’s order dismissing
without prejudice his
42 U.S.C. § 1983(2012) action for failure either to pay the filing
fee or to submit a fee collection form. Because the district court dismissed Frye’s action
“for procedural reasons unrelated to the contents of the pleadings,” we have jurisdiction
over this appeal. Goode v. Cent. Va. Legal Aid Soc’y, Inc.,
807 F.3d 619, 624(4th Cir.
2015). While this appeal was pending, the district court reinstated the action, albeit under
a new case number, after Frye returned a completed fee collection form. Because the
district court already has accorded Frye the only relief he could obtain by way of this
appeal, we dismiss the appeal as moot. See CVLR Performance Horses, Inc. v. Wynne,
792 F.3d 469, 474(4th Cir. 2015) (“Litigation may become moot during the pendency of
an appeal when an intervening event makes it impossible for the court to grant effective
relief to the prevailing party.”). 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
2
Reference
- Status
- Unpublished