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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1456
In Re: DEREK MARQUIS FLEMING,
Petitioner.
On Petition for Writ of Mandamus. (2:91-cr-00179-NCT-1)
Submitted: September 28, 2009 Decided: October 5, 2009
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Derek Marquis Fleming, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Derek Marquis Fleming petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his motion to correct judgment. 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
to correct judgment on September 22, 2009. Accordingly, because
the district court has recently decided Fleming’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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