UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1550
In Re: MITCHELL SMITH,
Petitioner.
On Petition for Writ of Mandamus. (8:07-cv-02276-AW)
Submitted: September 30, 2008 Decided: October 10, 2008
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Mitchell Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mitchell Smith petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on
his petition filed under 28 U.S.C. § 2241 (2000). He seeks an
order from this court directing the district court to act. Our
review of the district court’s docket sheet reveals that the
district court denied and dismissed the § 2241 petition.
Accordingly, because the district court recently has decided
Smith’s case, we deny the mandamus petition as moot. We grant
leave to proceed in forma pauperis, and 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
2
In Re: Smith v.
Combined Opinion