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Ryder v. Freeman

United States Court of Appeals, Fourth Circuit
Oct 29, 1996
112 F.3d 510 (4th Cir. 1996)

Summary

dismissing pro se plaintiff's case pursuant to Rules 37(d) and 41(b)

Summary of this case from DIAMOND v. BON SECOURS HOSPITAL

Opinion

No. 96-1306.

June 24, 1996.

October 29, 1996.


ORDER

Appellee filed a motion to dismiss on the grounds of mootness. Appellant filed a response.

The Court grants the motion.

Entered at the direction of Judge Phillips with the concurrence of Judge Russell and Judge Williams.

FOR THE COURT

/s/ Bert M. Montague, Clerk

ORDER

By order filed on June 24, 1996, we dismissed appellant's appeal as moot because in the interval appellant had submitted to the pepper-spray exposure requirement which her action had sought to enjoin. In responding to and resisting the appellee's motion to dismiss on mootness grounds, the appellant had moved that if the dismissal motion were granted, this court should remand the action with instructions to the district court to vacate its judgment in accordance with the principles of United States v. Munsingwear, Inc., 340 U.S. 36 (1950), and U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994). To allow consideration of appellant's vacatur motion pending dismissal of the appeal, we stayed issuance of our mandate for that purpose. Having now considered appellant's motion with supporting memorandum and appellee's responsive submissions, we have concluded that the motion should be granted.

It is accordingly ORDERED that, in conjunction with our dismissal of appellant's appeal as moot, this action is remanded to the district court with instructions to enter an order vacating its judgment of February 22, 1996. The mandate shall issue forthwith.

Entered at the direction of Senior Judge Phillips, with the concurrence of Judge Russell and Judge Williams.

FOR THE COURT

/s/ Patricia S. Connor, Clerk


Summaries of

Ryder v. Freeman

United States Court of Appeals, Fourth Circuit
Oct 29, 1996
112 F.3d 510 (4th Cir. 1996)

dismissing pro se plaintiff's case pursuant to Rules 37(d) and 41(b)

Summary of this case from DIAMOND v. BON SECOURS HOSPITAL
Case details for

Ryder v. Freeman

Case Details

Full title:ANN RYDER, PLAINTIFF-APPELLANT v. FRANKLIN FREEMAN, IN HIS OFFICIAL…

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 29, 1996

Citations

112 F.3d 510 (4th Cir. 1996)

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