In re: Bennie A. Mack, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2198
In Re: BENNIE A. MACK, JR.,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cv-00753-NCT-DPD)
Submitted: May 26, 2010 Decided: June 11, 2010
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bennie A. Mack, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bennie A. Mack, Jr. petitions for a writ of mandamus,
alleging the district court has unduly delayed acting in his
civil action. He seeks an order from this court directing the
district court to act. Our review of the district court’s
docket reveals that the court has now adopted the magistrate
judge’s recommendation and dismissed Mack’s action without
prejudice to him filing a new complaint correcting the defects
cited in the recommendation. Accordingly, we deny the mandamus
petition as moot. 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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