UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7768
LARRY DARNELL SPEARS,
Petitioner - Appellant,
versus
DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-04-1198-1)
Submitted: June 23, 2005 Decided: June 28, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Darnell Spears, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Larry Darnell Spears appeals the district court’s order
dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition
challenging the revocation of his state parole. Because the
district court subsequently vacated the order and has reinstated
Spears’ § 2254 proceeding, we deny a certificate of appealability
and dismiss this appeal. In light of this disposition, we deny
Spears’ motion to remand. 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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