In Re: Darrell Banks v. ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2388
In Re: DARRELL EUGENE BANKS,
Petitioner.
On Petition for Writ of Mandamus.
(1:12-cv-00166-MR)
Submitted: February 20, 2014 Decided: February 27, 2014
Before KING, DAVIS, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Darrell Eugene Banks, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell Eugene Banks petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2255 (2012) proceedings. He seeks an order from this
court directing the district court to act. Our review of the
district court’s docket reveals that the district court recently
denied Banks’ § 2255 motion and related pleadings. Accordingly,
because the district court has recently decided Banks’ case, we
deny the mandamus petition as moot. We also deny Banks’ motion
for stay and release pending the resolution of both this
mandamus action and his underlying § 2255 proceeding. 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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