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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1074
In Re: HARRY NOLAN MOODY,
Petitioner.
On Petition for Writ of Mandamus. (1:07-cv-00127-LHT)
Submitted: August 27, 2009 Decided: September 4, 2009
Before TRAXLER, Chief Judge, and MOTZ and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Harry Nolan Moody, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Harry Moody petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his 28 U.S.C.A.
§ 2255 (West Supp. 2009) 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 denied the § 2255
motion and dismissed the action on August 20, 2009.
Accordingly, because the district court has recently decided
Moody’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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