UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6641
ALBERT CHARLES BURGESS, JR.,
Petitioner - Appellant,
versus
JOHN M. VANYUR, Warden at Butner, Low Security
Correctional Institution; ATTORNEY GENERAL OF
THE UNITED STATES,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. James C. Fox, District Judge.
(CA-99-11-5-F)
Submitted: July 7, 1999 Decided: September 21, 1999
Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Albert Charles Burgess, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Albert Charles Burgess seeks to appeal from the district
court’s order denying his petition filed under 28 U.S.C. § 2241
(1994), and his motions to alter or amend the judgment under Fed.
R. Civ. P. 59(e). Upon review, we find that the sentence Burgess
challenged has expired. Accordingly, because this appeal no longer
demonstrates a case or controversy, we dismiss it as moot. See
Spencer v. Kemna, 523 U.S. 1, ___, 118 S. Ct. 978, 983 (1998)
(“[T]hroughout the litigation, the plaintiff ‘must have suffered,
or be threatened with, an actual injury traceable to the defendant
and likely to be redressed by a favorable judicial decision.’”);
Lane v. Williams, 455 U.S. 624, 631 (1982) (holding that habeas
petitions were moot after prisoners’ sentences expired and where
prisoners had attacked only their sentences). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2