UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1042
In re: JOSEPH DIXON MIDYETTE,
Petitioner.
On Petition for Writ of Mandamus.
(No. 5:15-hc-02108-D)
Submitted: March 29, 2016 Decided: April 1, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Joseph Dixon Midyette, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Dixon Midyette petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
motion for release pending the appeal of the dismissal of his
habeas motion as successive. 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 denied Midyette’s
motion on January 19, 2016. Accordingly, because the district
court has recently decided Midyette’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
this court and argument would not aid the decisional process.
PETITION DENIED
2