In re: Adrian D. Murray

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2263
In re: ADRIAN D. MURRAY,
Petitioner.
On Petition for Writ of Mandamus.
(1:08-cv-00280-JAB-PTS)
Submitted: March 29, 2012 Decided: April 2, 2012
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Adrian D. Murray, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Adrian D. Murray petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
motion to compel discovery and impose sanctions in an ongoing
proceeding in the district court. He seeks an order from this
court directing the district court to act.
Our review of the district court’s docket reveals that
the district court has recently ruled on Murray’s motion.
Accordingly, we deny the mandamus petition as moot. Moreover,
Murray may not use mandamus as a substitute for appeal of the
district court’s stay order. In re Braxton, 258 F.3d 250, 261
(4th Cir. 2001).
Accordingly, although we grant Murray leave to proceed
in forma pauperis, we deny his motion for sanctions. 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 --