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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1542
In re: JUAN EVANGELISTA CASTRO,
Petitioner.
On Petition for Writ of Mandamus. (5:06-cr-00054-SGW-3)
Submitted: July 7, 2009 Decided: August 14, 2009
Before TRAXLER, Chief Judge, and NIEMEYER and SHEDD, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Juan Evangelista Castro, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Juan Evangelista Castro petitions for a writ of
mandamus, alleging that 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 recently dismissed Castro’s § 2255 motion. Accordingly,
because the district court has recently decided Castro’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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