UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1461
In Re: SHAKA AMIR FARRAKHAN,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cv-00438-TSE-JFA)
Submitted: June 8, 2009 Decided: June 24, 2009
Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Shaka Amir Farrakhan, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shaka Amir Farrakhan petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
civil rights action pursuant to 42 U.S.C. § 1983 (2006). He
seeks an order from this court directing the district court to
act. Our review of the docket sheet reveals that on May 13,
2009, the district court transferred claims 13 through 30 of
Farrakhan’s complaint to the Western District of Virginia, the
court of proper venue pursuant to 28 U.S.C. § 1391(b) (2006),
and dismissed claims 1, 3 through 9, 11, and 12 pursuant to 28
U.S.C. § 1915A(b)(1) (2006) for failure to state a claim.
Claims 2 and 10 remain pending in the Eastern District.
Because the district court has recently acted in
Farrakhan’s case, we deny the mandamus petition as moot. We
grant leave to proceed in forma pauperis and deny Farrakhan’s
motion for appointment of counsel. 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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