UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-8060
In Re: MANUEL SOSA,
Petitioner.
On Petition for Writ of Mandamus. (CA-93-868)
Submitted: December 14, 1995 Decided: January 18, 1996
Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Manuel Sosa, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Manuel Sosa petitions this court for a writ of mandamus
directing the district court to address his 28 U.S.C. § 2255 (1988)
motion. We deny in forma pauperis status and dismiss the petition.
In denying Sosa's first mandamus petition, we gave him leave
to file a second mandamus petition if the district court inordi-
nately delayed further action on his § 2255 motion. Sosa now
alleges such delay has occurred. A review of the district court's
docket report reveals, however, that the district court did act
further on the motion, adopting a magistrate judge's recommendation
that the motion be dismissed. Further, Sosa participated in the
proceedings by filing objections to the magistrate judge's report
and recommendation. Sosa's petition is moot to the extent that it
is an attempt to force action on the § 2255 motion, and the peti-
tion may not substitute for appeal, In re United Steelworkers, 595
F.2d 958, 960 (4th Cir. 1979).
We deny Sosa in forma pauperis status and dismiss his peti-
tion. 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.
DISMISSED
2