In re: Kelvin Andre Spotts

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7484
In Re: KELVIN ANDRE SPOTTS,
Petitioner.
On Petition for Writ of Mandamus.
(CR-98-47, CA-00-647-3)
Submitted: November 6, 2003 Decided: November 20, 2003
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kelvin Andre Spotts, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Kelvin Andre Spotts petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his 42 U.S.C.
§ 2255 (2000) motion. 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 denied the § 2255 motion and dismissed
the action after conducting a de novo review. See United States v.
Spotts, No. CA-00-647-3 (S.D.W. Va. Sept. 30, 2003). Because the
district court has recently decided Spotts’ case and addressed the
motions pending at the time of decision, we deny the mandamus
petition as moot. Spotts has filed a premature petition for
rehearing and rehearing en banc. Because an opinion had not issued
prior to the filing of the petition, we deny the petition for
rehearing and rehearing en banc. 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 of 2 --