UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1859
In Re: MARVIN HAROLD WITHERSPOON,
Petitioner.
On Petition for Writ of Mandamus.
(5:04-cr-00005-RLV-DCK-1; 5:07-cv-00021-RLV; 5:10-cv-00076-RLV)
Submitted: November 19, 2012 Decided: November 28, 2012
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Marvin Harold Witherspoon, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marvin Harold Witherspoon petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his motion for relief under Fed. R. Civ. P. 60(b) and his
request to supplement his motion under 28 U.S.C.A. § 2255 (West
Supp. 2012). He seeks an order from this court directing the
district court to act on the motions. Our review of the
district court’s docket reveals that the district court entered
an order on August 16, 2012 that resolves the pending motions in
this closed case. Accordingly, because the district court has
recently addressed Witherspoon’s motions, we deny the mandamus
petition as moot. 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
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