UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2116
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ABDEL MUSEN FATTAH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:08-cv-02710-CMC)
Submitted: June 15, 2009 Decided: September 4, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sandra Lynn Greene, York, Pennsylvania, for Appellant. Barbara
Murcier Bowens, Kevin Frank McDonald, Assistant United States
Attorneys, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Abdel Musen Fattah appeals a district court order
denying his motion to compel the Government to comply with a
consent order. During the district court proceedings, Fattah
was held at the Columbia Care Center under the authority of the
Immigration and Customs Enforcement Division (“ICE”) of the
Department of Homeland Security. The consent order in this case
concerned Fattah’s medical and psychological care while at the
Columbia Care Center. Fattah has since been transferred back to
state custody and is presently incarcerated at the Pennsylvania
State Correctional Institution at Rockview.
Because Fattah has sued only for injunctive relief,
and because he is no longer under ICE’s supervision, this appeal
is moot. See Rendelman v. Rouse, 569 F.3d 182, 184 (4th Cir.
2009); Doe v. Kidd, 501 F.3d 348, 354 (4th Cir. 2007), cert.
denied, 128 S. Ct. 1483 (2008); Mellen v. Bunting, 327 F.3d 355
(4th Cir. 2003). Accordingly, we dismiss the appeal. We also
deny as moot Fattah’s pending pro se motions, including the
motion to stay, the supplemental motion to stay and the pro se
motion to expedite. 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
2