UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6381
In Re: JAMES A. FULLARD,
Petitioner.
On Petition for Writ of Mandamus
(CA-03-2731-CCB)
Submitted: July 14, 2005 Decided: July 26, 2005
Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James A. Fullard, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James A. Fullard petitions for writ of mandamus, alleging
the district court has unduly delayed acting on his 28 U.S.C.
§ 2254 (2000) petition. More specifically, Fullard alleges in the
first page of his mandamus petition that “the District Court didn’t
rule on the merits of the case” and attaches the court’s October 9,
2003, order directing the Government to show cause why Fullard’s
§ 2254 petition should not be granted. We find that there has been
no undue delay in the district court because it denied Fullard’s
§ 2254 petition. See Fullard v. Peguese, No. CA-03-2731-CCB (D.
Md. filed Mar. 31, 2004 & entered Apr. 1, 2004). Accordingly, we
deny the 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 aid the
decisional process.
PETITION DENIED
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