In Re: Tillery v. ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2139
In Re: ROBERT EDWARD TILLERY,
Petitioner.
On Petition for Writ of Mandamus.
(5:01-cr-00253-BO-1)
Submitted: December 17, 2009 Decided: December 23, 2009
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert Edward Tillery, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Edward Tillery petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his motion for a reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). He seeks an order from this court
directing the district court to act. Our review of the docket
sheet and record reveals that the district court denied
Tillery’s motion by order entered on November 1, 2009.
Accordingly, because the district court has recently decided
Tillery’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 the court and argument would
not aid the decisional process.
PETITION DENIED
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