In Re: Burnham v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7140
In Re: TIMOTHY B. BURNHAM,
Petitioner.
On Petition for Writ of Mandamus.
(CR-01-11; CA-04-210)
Submitted: January 18, 2006 Decided: February 23, 2006
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Timothy B. Burnham, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Timothy B. Burnham petitions for writ of mandamus,
alleging the district court has unduly delayed acting on his motion
filed pursuant to 28 U.S.C. § 2255 (2000). He seeks an order from
this court directing the district court to act. Our review of the
docket sheet reveals that the district court has recently denied
relief on Burnham’s § 2255 motion. Accordingly, because the
district court has recently decided Burnham’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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