In Re: Bennie Mack, Jr. v. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1696
In Re: BENNIE A. MACK, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:08-cr-00267-WO-1; 1:13-cv-00175-WO)
Submitted: January 8, 2015 Decided: January 13, 2015
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bennie A. Mack, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bennie A. Mack, Jr. petitions for a writ of mandamus,
alleging the magistrate judge has unduly delayed acting on his
28 U.S.C. § 2255 (2012) motion. He seeks an order from this
court directing the magistrate judge to act. Our review of the
district court’s docket reveals that the magistrate judge has
issued a recommendation that Mack’s § 2255 motion be denied.
Accordingly, because the magistrate judge has recently acted in
Mack’s case, 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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