UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1953
In Re: THOMAS JOSEPH DALTON,
Petitioner.
On Petition for Writ of Mandamus.
(2:03-cr-00739-DCN-1)
Submitted: February 24, 2009 Decided: March 11, 2009
Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas Joseph Dalton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Joseph Dalton petitions for a writ of mandamus,
asserting excessive delay and seeking an order directing the
district court to rule on his case following remand from this
court for resentencing. As the district court has appointed new
counsel for Dalton and has directed the U.S. Marshal to
transport Dalton to the court for resentencing, 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
2