UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1128
In Re: JAMES ALLEN IRBY, III,
Petitioner.
On Petition for Writ of Mandamus.
(8:03-cr-00490-DKC-1; 8:07-cv-01186-DKC)
Submitted: March 31, 2011 Decided: April 6, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Allen Irby, III, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Allen Irby, III, petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. He seeks an
order from this court directing the district court to act. Our
review of the district court’s docket reveals that the district
court, on February 18, 2011, denied Irby’s § 2255 motion.
Accordingly, because the district court has recently decided
Irby’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
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