Filed: December 13, 2007
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4684
In Re: RAYFORD KNIGHT, a/k/a Cherokee, a/k/a
Chief,
Petitioner.
O R D E R
Rayford Knight filed a petition for rehearing on the denial of
his mandamus petition. The Court denies the petition for
rehearing.
We note, however, that the opinion filed November 2, 2007, is
corrected by replacing “October 2007" with “October 2006" on line
two, page two, and line four, footnote *, page two.
For the Court
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4684
In Re: RAYFORD KNIGHT, a/k/a Cherokee, a/k/a
Chief,
Petitioner.
On Petition for Writ of Mandamus. (1:93-cr-00022-BEL)
Submitted: October 24, 2007 Decided: November 2, 2007
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rayford Knight, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rayford Knight petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on an October 2006
motion filed in his criminal case.* He seeks an order from this
court directing the district court to act. Our review of the
district court docket sheet reveals that the district court denied
the motion in April 2007. Accordingly, because the district court
has already acted on Knight’s motion, we deny the mandamus petition
as moot. We grant Knight’s motion 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
*
Although Knight characterizes his district court pleading as
a motion for release from illegal imprisonment, our review of the
district court docket sheet reveals that the only motion filed by
Knight in October 2006 was a motion for return of property and that
there is no motion for release pending in the district court.
- 2 -