IN RE: Calvin WINBUSH, a/k/a Good Game, Petitioner, 676 F. App'x 207

Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Winbush petitions for a 'writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this court directing the district court to act. Our review of the district court’s docket reveals that the district court ruled on the § 2255 motion, denying it and declining to grant a certifícate of appealability. See United States v. Winbush, No. 3:12-cr-00021-HEH-RCY-1, 2016 WL 5329602 (E.D. Va. Sept. 21, 2016).

Winbush’s appeal of that order is pending in this court. See United States v. Winbush, No. 16-7527 (4th Cir.) (docketed Nov. 2, 2016). Accordingly, because the district court has recently decided Winbush’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