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06-6028•In re: Henry Lee Smeltzer
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6028
IN RE: HENRY LEE SMELTZER,
Petitioner.
On Petition for Writ of Mandamus.
(1:05-cv-00493-PTS)
Submitted: April 27, 2006 Decided: May 5, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Henry Lee Smeltzer, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Henry Lee Smeltzer filed a petition for a writ of
mandamus alleging undue delay by the district court in ruling on
his 28 U.S.C. § 2254 (2000) petition. The district court ruled on
the petition by order entered on January 26, 2006. Accordingly,
the mandamus petition is now moot. Therefore, although we grant
Smeltzer’s motion to proceed in forma pauperis, we deny as moot the
petition for mandamus relief. 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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