UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6829
In Re: JERRY WAYNE SHEPPARD,
Petitioner.
On Petition for Writ of Mandamus.
(5:94-cr-00122-F-17)
Submitted: July 24, 2007 Decided: August 1, 2007
Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jerry Wayne Sheppard, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry Wayne Sheppard petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2255 (2000) motion. He seeks an order from this court
directing the district court to act. Because the record reveals
that the district court dismissed the action by order entered on
June 26, 2007, we find there has been no undue delay in the
district court. Accordingly, although we grant leave to proceed in
forma pauperis, 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 not aid the decisional process.
PETITION DENIED
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