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11-2105•In re: Luis Hernandez-Espinoza, a/k/a Raphael Lopez, a/k/a Rafael Lopez
11-2105Court of Appeals for the Fourth CircuitFeb 22, 2012
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2105
In Re: LUIS HERNANDEZ-ESPINOZA, a/k/a Raphael Lopez, a/k/a
Rafael Lopez,
Petitioner.
On Petition for Writ of Mandamus.
(7:09-cr-00112-D-1)
Submitted: February 16, 2012 Decided: February 22, 2012
Before SHEDD, KEENAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Luis Hernandez-Espinoza, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Luis Hernandez-Espinoza petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his Fed. R. Crim. P. 41(e) motion and his motion to recall
the mandate. He seeks an order from this court directing the
district court to act. Our review of the district court’s
docket reveals that the district court entered an order denying
both of these motions on January 4, 2012. Accordingly, because
the district court has recently decided Hernandez-Espinoza’s
motions, 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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