UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6726
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PHILIP BERNARD FRIEND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:99-cr-00201-REP; 3:11-cv-00305-REP)
Submitted: July 19, 2012 Decided: July 26, 2012
Before DUNCAN, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Philip Bernard Friend, Appellant Pro Se. Brian R. Hood, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia; David Novak,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
The district court denied relief on Philip Bernard
Friend’s 28 U.S.C.A. § 2255 (West Supp. 2012) motion. Friend
appealed, and sought leave to proceed in forma pauperis on
appeal. The district court denied leave to proceed in forma
pauperis on appeal. On appeal of the denial of § 2255 relief,
this court denied a certificate of appealability, denied leave
to proceed in forma pauperis, and dismissed the appeal. United
States v. Friend, 2012 WL 1405930 (4th Cir. 2012) (No. 11-7252).
Friend now appeals the district court’s order denying leave to
proceed in forma pauperis on appeal. Because the appeal for
which he seeks to proceed in forma pauperis has already
concluded and this court specifically denied such leave, we
dismiss this appeal as moot. We further deny Friend’s motion to
proceed in forma pauperis with respect to this 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 the decisional process.
DISMISSED
2