In Re: Randy Cooper , 458 F. App'x 269 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2136
In re: RANDY COOPER,
Petitioner.
On Petition for Writ of Mandamus.
(3:10-cv-01119)
Submitted: December 15, 2011 Decided: December 19, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randy Cooper, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randy Cooper petitions for a writ of mandamus,
requesting this court to compel the district court to act on his
28 U.S.C. § 2254 (2006) petition and his subsequently filed
petition for a writ of mandamus and motion for injunctive
relief. To the extent Cooper alleges undue delay in the ruling
on his § 2254 petition, the district court’s docket sheet
reflects no such delay. With respect to the petition for a writ
of mandamus and motion for injunctive relief, the magistrate
judge recently construed the relief requested as a separate
civil action under 42 U.S.C. § 1983 (2006) and transferred the
matter to the United States District for the Northern District
of West Virginia. We therefore deny as moot Cooper’s request
for mandamus relief as to those motions. Accordingly, although
we grant leave to proceed in forma pauperis, we deny the
mandamus petition. 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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