UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7327
In Re: DEREK W. MARTIN,
Petitioner.
On Petition for Writ of Mandamus. (CR-01-550; CA-02-1896-4-12)
Submitted: October 22, 2003 Decided: March 25, 2004
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Derek W. Martin, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Derek W. Martin petitions for a writ of mandamus,
alleging the district court has unduly delayed in acting because it
has not entered a final order disposing of his 28 U.S.C. § 2255
(2000) motion. He seeks an order from this court directing the
district court to act upon his § 2255 motion. Our review of the
record reveals that the district court has dismissed Martin’s
§ 2255 motion. Accordingly, although we grant Martin’s motion to
proceed in forma pauperis, we deny his 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
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