U.S. Court of Appeals for the Fourth Circuit, 2025

Jose Tapia v. Warden

Jose Tapia v. Warden
U.S. Court of Appeals for the Fourth Circuit · Decided September 3, 2025

Jose Tapia v. Warden

Opinion

USCA4 Appeal: 25-6388 Doc: 7 Filed: 09/03/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6388

JOSE M. TAPIA, Petitioner - Appellant, v. WARDEN, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore.

Paula Xinis, District Judge. (1:23-cv-00611-PX)

Submitted: August 28, 2025 Decided: September 3, 2025

Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jose Tapia, Appellant Pro Se. Andrew John DiMiceli, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 25-6388 Doc: 7 Filed: 09/03/2025 Pg: 2 of 2

PER CURIAM: Jose Tapia seeks to appeal the district court’s order denying as moot his 28 U.S.C. § 2254 petition. * We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s judgment. Tapia v. Warden, No. 1:23-cv-00611-PX (D. Md. Apr. 23, 2025). 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.

AFFIRMED

* Although a certificate of appealability generally is required to appeal “the final order in a habeas corpus proceeding,” 28 U.S.C. § 2253(c)(1)(A), no certificate of appealability is required here because the district court’s dismissal on mootness grounds is unrelated to the merits of the § 2254 petition. See Harbison v. Bell, 556 U.S. 180, 183 (2009); United States v. McRae, 793 F.3d 392, 399-400 (4th Cir. 2015).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.