In re: Alan B. Fabian

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2343
IN RE: ALAN B. FABIAN,
Petitioner.
On Petition for a Writ of Mandamus. (1:07-cr-00355-CCB-1)
Submitted: August 25, 2011 Decided: August 30, 2011
Before WILKINSON, KEENAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alan B. Fabian, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alan B. Fabian petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C.A. § 2255 (West Supp. 2011) motion. He seeks an order
from this court directing the district court to act. Our review
of the district court’s docket reveals that, on July 14, 2011,
the district court denied relief on Fabian’s § 2255 motion.
Accordingly, because the district court has recently decided
Fabian’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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