Source: United States Court of Appeals for the Fourth Circuit
Date: 2015-01-13
Jurisdiction: United States
Docket: No. 14-1696
Citation: 590 F. App'x 225
Opinion
Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bennie A. Mack, Jr. petitions for a writ of mandamus, alleging the magistrate judge has unduly delayed acting on his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this court directing the magistrate judge to act. Our review of the district court’s docket reveals that the magistrate judge has issued a recommendation that Mack’s § 2255 motion be denied. Accordingly, because the magistrate judge has recently acted in Mack’s case, we deny the mandamus petition as moot.
We grant leave to proceed in forma pau-peris. 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. PETITION DENIED.