UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2374
In Re: EWIN HENRIQUES,
Petitioner.
On Petition for Writ of Mandamus.
(3:97-cv-00078-MR; 3:93-cr-00089-MR-1)
Submitted: March 30, 2010 Decided: April 2, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ewin Henriques, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ewin Henriques petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
Fed. R. Civ. P. 60(b) motion filed in his 28 U.S.C.A. § 2255
(West Supp. 2009) proceeding. He seeks an order from this court
directing the district court to act. Our review of the docket
sheet reveals that the district court denied the motion on
January 15, 2010. Accordingly, because the district court has
recently decided Henriques’s case, we deny the mandamus petition
as moot. We grant leave to proceed in forma pauperis. We deny
Henriques’s motion for a certificate of appealability. 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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