UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6032
In Re: RODNEY EUGENE SMITH,
Petitioner.
On Petition for Writ of Mandamus. (1:01-cr-00007)
Submitted: August 6, 2007 Decided: August 17, 2007
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rodney Eugene Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney Eugene Smith petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
petition to vacate his conviction. He seeks an order from this
court directing the district court to enter a default judgment.
Our review of the docket sheet reveals that the district court
denied Smith’s petition in an order entered on July 25, 2007.
Accordingly, because the district court has recently decided
Smith’s case, we deny the mandamus petition as moot. We grant
Smith’s motion to proceed in forma pauperis, but deny his
“Emergency Motion and Memorandum of Law for Speedy Resolution Due
to Health Reasons and Violations of Constitutional and Statutory
Laws,” his motion for default judgment, and his “Motion to Modify
Scheduling Order Pursuant to Fed. R. Civ. P. 16(b) for
Extraordinary Circumstances.” 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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