In re: Terrence Maurice Whitaker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1644
In Re: TERRENCE MAURICE WHITAKER,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cv-00702-TDS-DPD)
Submitted: October 21, 2009 Decided: November 16, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terrence Maurice Whitaker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Terrence Maurice Whitaker petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his 28 U.S.C. § 2254 (2006) habeas corpus petition. He seeks
an order from this court directing the district court to act.
Our review of the district court’s docket sheet reveals that the
district court entered a final order and judgment granting
summary judgment in favor of the respondent, dismissing the
petition, and denying a certificate of appealability on
September 30, 2009. Accordingly, because the district court has
recently decided Whitaker’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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