UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7890
In Re: JOHNNY BERNARD MILLER,
Petitioner.
On Petition for Writ of Mandamus. (CR-92-101-MU)
Submitted: April 7, 2004 Decided: May 10, 2004
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Johnny Bernard Miller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Johnny Bernard Miller petitions this court for a writ of
mandamus directing the district court to act upon his motion filed
pursuant to Fed. R. Civ. P. 60(b). The district court filed its
order denying Miller’s Rule 60(b) motion on January 7, 2004, and
entered the order on the docket on January 30, 2004. Accordingly,
although we grant Miller’s motion for leave to proceed in forma
pauperis, we deny the mandamus petition as moot. We also grant the
Government’s motions for leave to file a supplemental appendix and
to seal Exhibit 3 contained therein. 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
- 2 -