In Re: Calvin Winbush v. , 676 F. App'x 207 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7253
In Re: CALVIN WINBUSH, a/k/a Good Game,
Petitioner.
On Petition for Writ of Mandamus.
(3:12-cr-00021-HEH-1; 3:14-cv-00724-HEH-RCY)
Submitted: February 7, 2017 Decided: February 16, 2017
Before KEENAN, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Calvin Winbush, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Winbush petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his 28 U.S.C.
§ 2255 (2012) motion. 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 ruled on the
§ 2255 motion, denying it and declining to grant a certificate
of appealability. See United States v. Winbush, No. 3:12-cr-
00021-HEH-RCY-1 (E.D. Va. Sept. 21, 2016). Winbush’s appeal of
that order is pending in this court. See United States v.
Winbush, No. 16-7527 (4th Cir.) (docketed Nov. 2, 2016).
Accordingly, because the district court has recently decided
Winbush’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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