UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2404
In re: CHAVIUS MARQUETTE BARBER,
Petitioner.
On Petition for Writ of Mandamus.
(3:11-cv-00243-FDW)
Submitted: February 26, 2013 Decided: February 28, 2013
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Chavius Marquette Barber, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chavius Marquette Barber petitions for a writ of
mandamus, alleging that the district court has unduly delayed in
ruling on his motion to file a successive 28 U.S.C.A § 2255
(West Supp. 2012) motion and his motion to appoint counsel. He
seeks an order from this court directing the district court to
act. On November 26, 2012, the district court entered an order
denying Barber’s motion to file a successive § 2255 motion and
granting his motion to appoint counsel. Accordingly, because
the district court has ruled on Barber’s motions, 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
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