Hood v. Johns , 432 F. App'x 180 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6250
GEORGE ALBERT HOOD,
Petitioner - Appellant,
v.
TRACY W. JOHNS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:10-hc-02130-FL)
Submitted: May 19, 2011 Decided: May 24, 2011
Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
George Albert Hood, Appellant Pro Se. Christina Ann Kelley,
BUREAU OF PRISONS, Butner, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Albert Hood, a detainee pending commitment
proceedings pursuant to 18 U.S.C. § 4248 (2006), appeals the
district court’s order dismissing his 28 U.S.C.A. § 2241 (West
2006 & Supp. 2010) petition, which sought his release. The
district court has since dismissed the 18 U.S.C. § 4248 action
in accord with a joint stipulation of the parties and Hood has
been released. As a result of Hood’s release, “there is no
wrong to remedy and an appeal should . . . be dismissed . . .
when, by virtue of an intervening event, a court of appeals
cannot grant any effectual relief whatever in favor of the
appellant.” United States v. Hardy, 545 F.3d 280, 285 (4th Cir.
2008) (quoting Calderon v. Moore, 518 U.S. 149, 150 (1996))
(internal quotation marks omitted). Accordingly, we dismiss the
appeal as moot. 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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