In re: Michael Moller

USCA4 Appeal: 23-1210 Doc: 17 Filed: 04/25/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1210
In re: MICHAEL J. MOLLER,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Eastern
District of North Carolina, at Raleigh. (5:23-ct-03001-M-RJ; 5:23-hc-02009-M-RJ)
Submitted: April 20, 2023 Decided: April 25, 2023
Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Michael J. Moller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-1210 Doc: 17 Filed: 04/25/2023 Pg: 2 of 2
PER CURIAM:
Michael J. Moller, a federal prisoner, petitions for a writ of mandamus, as
supplemented and amended, alleging that the district court has unduly delayed in ruling on
his motions and requests for emergency injunctive relief in Moller’s 28 U.S.C. § 2241habeas petition and his civil action filed pursuant to Bivens v. Six Unknown Agents of the
Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Our review of the district court’s dockets
reveals that, since the filing of this mandamus petition, the district court has (a) dismissed
without prejudice Moller’s § 2241 petition; and (b) granted Moller’s motion for voluntary
dismissal of his Bivens suit. Accordingly, because the district court has recently decided
both of Moller’s cases, we deny as moot the mandamus petition as amended and
supplemented. We further deny Moller’s request to consolidate this mandamus action with
the separate appeal pending in No. 23-6366, Moller v. Kelly, and deny as moot Moller’s
motion to appoint counsel. 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
2