UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1853
In Re: ANDRE CORBETT,
Petitioner.
On Petition for Writ of Mandamus.
(3:07-cr-00144-RJC-1; 3:10-cv-00501-RJC)
Submitted: September 29, 2011 Decided: October 20, 2011
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Andre Corbett, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andre Corbett petitions for a writ of mandamus,
alleging that the district court has unduly delayed resentencing
him upon remand. He seeks an order from this court directing
the district court to act. Our review of the district court’s
docket reveals that, on August 11, 2011, the district court
entered an order scheduling Corbett’s resentencing to occur in
September. Although the resentencing has not occurred as
scheduled, the present delay appears to be the consequence of
recent motions filed by Corbett and his counsel rather than
inattention by the district court. Because the district court
is now actively responsive to our directive to resentence
Corbett, we deny the mandamus petition as moot, without
prejudice to Corbett’s right to again seek mandamus relief
should unwarranted delay recur. 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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