UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1988
In Re: VICTOR PERKINS,
Petitioner.
On Petition for Writ of Mandamus.
(5:09-hc-02073-BO)
Submitted: October 15, 2009 Decided: October 19, 2009
Before SHEDD and AGEE, Circuit Judges. *
Petition denied by unpublished per curiam opinion.
Victor Perkins, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
*
The opinion is filed by a quorum pursuant to 28 U.S.C.
§ 46(d).
PER CURIAM:
Victor Perkins petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
petition for a writ of habeas corpus. He seeks an order from
this court directing the district court to act. Our review of
the docket sheet reveals that after Perkins filed the petition
in this court, the magistrate judge returned the habeas corpus
petition to Perkins for failing to include an original
signature. Accordingly, because the magistrate judge has
recently acted upon Perkins’ 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
2