UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1264
In Re: REGINALD S. TUCKER,
Petitioner.
On Petition for Writ of Mandamus.
(1:07-cv-01150-LO-TCB)
Submitted: May 22, 2008 Decided: May 28, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Reginald S. Tucker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald S. Tucker petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
habeas corpus petition. He seeks an order from this court
directing the district court to act. Our review of the docket
sheet reveals that the district court dismissed the petition
without prejudice for failure to exhaust state court remedies.
Accordingly, because the district court has recently decided
Tucker’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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