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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1378
In Re: ROGER BYRD,
Petitioner.
On Petition for Writ of Mandamus.
(5:97-cr-00109-RLV-1)
Submitted: July 22, 2009 Decided: August 6, 2009
Before MICHAEL, MOTZ, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Roger Byrd, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Roger Byrd petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his motion
labeled “pro se nunc pro tunc Rule 60.” 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
motion on May 26, 2009. Accordingly, because the district court
has recently denied the motion, 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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