UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7178
In Re: PETE SMITH,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-117)
Submitted: December 13, 2004 Decided: January 7, 2005
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Pete Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pete Smith petitions for writ of mandamus, alleging the
district court has unduly delayed acting on his Fed. R. Civ. P.
60(b) motion. He seeks an order from this court directing the
district court to act. Our review of the docket sheet reveals that
the district court denied Smith’s motion on November 26, 2004.
Accordingly, because the district court has recently decided
Smith’s case, we deny the mandamus petition as moot. We grant
leave to proceed in forma pauperis. 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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