UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1778
In Re: BENNIE AUSTIN MACK, JR.,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cr-00267-WO-1)
Submitted: September 29, 2009 Decided: October 5, 2009
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bennie A. Mack, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bennie A. Mack, Jr., petitions for a writ of mandamus,
seeking an order recusing the district court judge in his
criminal trial. Our review of the record reveals that the
district court entered its final judgment in Mack’s case on
September 4, 2009. Mack has filed a notice of appeal.
Accordingly, because the district court no longer has
jurisdiction over Mack’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
∗
If Mack believes the district judge issued adverse rulings
on some improper basis, he may challenge those rulings in his
direct appeal.
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