In Re: Donnie Sheffield ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1279
In re: DONNIE WAYNE SHEFFIELD
Petitioner.
On Petition for Writ of Mandamus.
(4:07-cr-00769-TLW-1; 4:11-cv-03247-TLW)
Submitted: July 19, 2012 Decided: July 23, 2012
Before DUNCAN, AGEE, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donnie Wayne Sheffield, Appellant Pro Se. Carrie Fisher
Sherard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donnie Wayne Sheffield petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his motion for recusal filed in his 28 U.S.C.A. § 2255 (West
Supp. 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 denied the motion on
March 14, 2012. Accordingly, because the district court has
recently ruled on Sheffield’s motion, 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 the
court and argument would not aid the decisional process.
PETITION DENIED
2