Jose M. Tapia v. Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6388
JOSE M. TAPIA,
Petitioner - Appellant,
v.
WARDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Paula Xinis, District Judge. (1:23-cv-00611-PX)
Submitted: August 28, 2025 Decided: September 3, 2025
Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jose Tapia, Appellant Pro Se. Andrew John DiMiceli, Assistant Attorney General,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jose Tapia seeks to appeal the district court’s order denying as moot his 28 U.S.C.
§ 2254 petition.* We have reviewed the record and find no reversible error. Accordingly,
we affirm the district court’s judgment. Tapia v. Warden, No. 1:23-cv-00611-PX (D. Md.
Apr. 23, 2025). We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED
* Although a certificate of appealability generally is required to appeal “the final
order in a habeas corpus proceeding,” 28 U.S.C. § 2253(c)(1)(A), no certificate of
appealability is required here because the district court’s dismissal on mootness grounds is
unrelated to the merits of the § 2254 petition. See Harbison v. Bell, 556 U.S. 180, 183
(2009); United States v. McRae, 793 F.3d 392, 399-400 (4th Cir. 2015).

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