Source: United States Court of Appeals for the Fourth Circuit
Date: 2007-05-01
Jurisdiction: United States
Docket: No. 06-7943
Citation: 225 F. App'x 93
Opinion
PER CURIAM: Chauncey Marshburn petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion to reconsider its order dismissing Marshburn’s petition filed pursuant to 28 U.S.C. § 2254 (2000). Marshburn seeks an order from this court directing the district court to act. Our review of the district court’s docket sheet reveals that the court denied the motion for reconsideration on November 27, 2006. See Marsh-bum v. Jackson, No. 5:06-hc-02176-BO (E.D.N.C. Nov. 27, 2006). Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus petition 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. PETITION DENIED.