UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7378
In Re: MICHAEL BURNS,
Petitioner.
On Petition for Writ of Mandamus. (CR-03-30)
Submitted: February 23, 2004 Decided: March 12, 2004
Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael Burns, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Burns petitions this court for a writ of mandamus
directing the district court to act on three pro se motions Burns
filed in a criminal case. After Burns filed the mandamus petition,
he received a 126-month sentence in that case, and criminal
judgment was entered on the district court’s docket. To the extent
that Burns claims the district court did not rule on the motions,
we note that the denial of a pending motion may be implied by the
entry of final judgment. See Norman v. Apache Corp., 19 F.3d 1017,
1021 (5th Cir. 1994). The mandamus petition is therefore moot.
Further, mandamus may not be used as a substitute for appeal. In
re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
Accordingly, while we grant Burns’ motion for leave to proceed in
forma pauperis, we deny his mandamus petition. 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
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