In Re: Council v. ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1287
In Re: HERBERT COUNCIL,
Petitioner.
On Petition for Writ of Mandamus. (3:92-cr-00097-GCM-20)
Submitted: September 29, 2009 Decided: December 9, 2009
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Herbert Council, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Herbert Council petitions for a writ of mandamus based
on undue delay by the district court in acting upon his motion
for reduction of sentence, 28 U.S.C. § 3582 (2006). Our review
of the district court’s docket reveals that the district court
entered a final order on March 3, 2009, denying Council’s § 3582
motion. In light of the court’s action, we deny as moot
Council’s petition for writ of mandamus. We grant Council’s
motion to proceed in forma pauperis and 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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