UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2068
In Re: KEVIN WAYNE MCDANIELS,
Petitioner.
On Petition for Writ of Mandamus. (7:06-cr-00036-HFF-1)
Submitted: February 20, 2009 Decided: March 16, 2009
Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Kevin Wayne McDaniels, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kevin Wayne McDaniels petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. He seeks an
order from this court directing the district court to act.
McDaniels also moved for appointment of counsel and for refund
of his appellate filing fees. Our review of the district court
docket sheet reveals that the district court ruled on
McDaniels’s § 2255 motion on November 12, 2008. Accordingly, we
deny the mandamus petition as moot. We deny McDaniels’s motions
for appointment of counsel and for refund of fees, and 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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