Kelvin Goode v. Sara Chase

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00193-REP Copies to all parties and the district court/agency. [998556031].. [10-7250]

Case: 10-7250

Document: 19

Date Filed: 03/30/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7250

KELVIN DEWITT GOODE,
Plaintiff – Appellant,
v.
SARA
ELIZABETH
CHASE,
Assistant
United
States
Attorney/Criminal Prosecuter; NEIL H. MACBRIDE, United
States Attorney; JOSE PREK-RUIZ, Government Civilian Police,
Ft. Lee Police Officer; UNKNOWN, Military Police NCO,
Sergeant First Class, MP Supervisor; UNITED STATES DISTRICT
COURT FOR EASTERN DISTRICT OF VIRGINIA, Richmond Division,
Defendants – Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:10-cv-00193-REP)

Submitted:

February 3, 2011

Decided:

March 30, 2011

Before WILKINSON, NIEMEYER, and WYNN, Circuit Judges.

Dismissed in part; vacated in part by unpublished per curiam
opinion.

Kelvin Dewitt Goode, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7250

Document: 19

Date Filed: 03/30/2011

Page: 2

PER CURIAM:
Kelvin Dewitt Goode filed a Bivens * action while in
federal

custody.

In

this

appeal,

he

seeks

review

of

the

district court’s order denying his motions to appoint counsel,
to

transfer

under

the

venue,
Prison

§ 1915 (2006).
his

and

appeal

to

proceed

Litigation

in

Reform

forma

Act

pauperis

(“PLRA”),

28

(“IFP”)
U.S.C.

Because Goode has been released from custody,

of

the

PLRA

ruling

is

moot,

and

we

vacate

the

judgment of the district court as it relates to Goode’s status
under the PLRA.

We lack jurisdiction to consider the denial of

Goode’s motions and dismiss that portion of his appeal.
Goode challenges the district court’s finding that he
was not entitled to proceed without prepayment of fees under the
PLRA

because

28 U.S.C.
identified
strikes,

he

had

§ 1915(g).
by

the

that

he

three
Goode

district

strikes
argues
court

satisfied

within

that

the

each

should

§ 1915(g)’s

not

of
be

meaning
the

strikes

counted

“imminent

of

as

danger”

exception, and that the PLRA does not apply because he is no
longer
federal

a

prisoner.
custody

when

The

record

he

filed

reflects
his

Bivens

that

Goode

action,

was

when

in
the

district court denied his motion to proceed without prepayment

*

Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).

2

Case: 10-7250

Document: 19

Date Filed: 03/30/2011

of fees, and when he noted this appeal.

Page: 3

Goode was released

prior to the filing of his informal brief.
“To

qualify

as

a

case

fit

for

federal-court

adjudication, an actual controversy must be extant at all stages
of

review,

Arizonans

not
for

merely

at

Official

the

time

English

v.

the

complaint

Arizona,

(1997) (internal quotation marks omitted).
this

requirement

possibly

have

matter.”

where

any

“resolution

practical

effect

520

is

U.S.

filed.”
43,

67

A case fails to meet

of

an

issue

on

the

could

outcome

of

not
the

Norfolk S. Ry. Co. v. City of Alexandria, 608 F.3d

150, 161 (4th Cir. 2010).

Here, Goode is no longer a prisoner

and therefore not subject to the requirements of the PLRA.

See

DeBlasio v. Gilmore, 315 F.3d 396, 397 (4th Cir. 2003).
When

a

case

is

rendered

moot

on

appeal,

courts

typically vacate the moot aspects of the judgment “because doing
so

‘clears

the

path

for

future

relitigation

of

the

issues

between the parties,’ preserving ‘the rights of all parties,’
while prejudicing none ‘by a decision which . . . was only
preliminary.’”

Alvarez v. Smith, 130 S. Ct. 576, 581 (2009)

(quoting United States v. Munsingwear, Inc., 340 U.S. 36, 40
(1950)).

Because Goode’s case is no longer pending before the

district court, the resolution of these issues would be without
effect,

and

therefore

advisory.

Accordingly,

we

vacate

the

district court’s judgment as it relates to Goode’s status under
3

Case: 10-7250

the PLRA.

Document: 19

Date Filed: 03/30/2011

Page: 4

In light of this disposition, we lack jurisdiction to

consider Goode’s appeal from the district court’s denial of his
motions to appoint counsel and transfer his case.
Based on the foregoing, we dismiss the appeal in part.
We vacate the district court’s judgment as to Goode’s status
under the PLRA.
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED IN PART;
VACATED IN PART

4