UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1962
In re: MICHAEL SCOTT MCRAE,
Petitioner.
On Petition for Writ of Mandamus.
(No. 5:97-cr-00094-H-6)
Submitted: November 20, 2012 Decided: November 26, 2012
Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Michael Scott McRae, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Scott McRae, a federal prisoner, petitions for
a writ of mandamus, alleging that the district court has unduly
delayed acting on his January 26, 1998 motion to dismiss the
indictment then pending against him. 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 McRae’s motion by order entered February 13, 1998.
Accordingly, because the district court has ruled on McRae’s
motion, we deny the mandamus petition and the amended mandamus
petition as moot. We grant leave to proceed in forma pauperis
and deny McRae’s motion seeking leave to file out of time in the
district court. 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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