UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7188
GARY DEAN WALLACE,
Petitioner - Appellant,
v.
LARRY W. JARVIS,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:09-cv-00426-sgw-mfu)
Submitted: March 14, 2011 Decided: April 11, 2011
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Dean Wallace, Appellant Pro Se. John Michael Parsons,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Dean Wallace seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C.
§ 2254 (2006). We have reviewed the record and the district
court’s opinion and find Wallace’s appeal is moot. While
Wallace challenges the calculation of his release date, he has
been released from custody, and he does not allege any
collateral consequences that would warrant relief. See Lane v.
Williams, 455 U.S. 624, 631 (1982) (habeas petitions were moot
after prisoners’ sentences expired and prisoners had attacked
only their sentences); see also North Carolina v. Rice, 404 U.S.
245, 248 (1971) (per curiam) (“Nullification of a conviction may
have important benefits for a defendant. . . but urging in a
habeas corpus proceeding the correction of a sentence already
served is another matter.”).
Accordingly, we deny a certificate of appealability
and dismiss the appeal. 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 in the
decisional process.
DISMISSED
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