UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-541
In Re: THOMAS KARL KEENAN,
Petitioner.
On Petition for Writ of Mandamus. (CA-92-487-A)
Submitted: September 20, 1996 Decided: October 1, 1996
Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas Karl Keenan, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas Karl Keenan brought this mandamus petition seeking an
order compelling the United States District Court for the Eastern
District of Virginia to act on Keenan's motion to reconsider the
denial of his 28 U.S.C. § 2255 (1994) motion. Because we note that
the district court denied the motion for reconsideration during the
pendency of this petition, we conclude that Keenan's petition is
moot. To the extent that Keenan seeks to challenge the correctness
of the district court's original order denying the 28 U.S.C. § 2255
motion, a petition for mandamus is not a substitute for a direct
appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.
1979). Accordingly, we grant leave to proceed in forma pauperis,
but deny the petition for a writ of mandamus. 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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