In re: Dennis Miller

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2184
In Re: DENNIS MILLER,
Petitioner.
On Petition for Writ of Mandamus.
(4:09-cr-01272-RBH-8; 4:11-cv-03376-RBH)
Submitted: November 14, 2012 Decided: November 28, 2012
Before NIEMEYER, KING, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dennis Miller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dennis Miller petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C.A. § 2255 (West Supp. 2012) motion. He seeks an order
from this court directing the district court to act. Our review
of the district court’s docket reveals that, on October 9, 2012,
the district court granted Miller’s § 2255 motion in part and
ordered that Miller be resentenced. Accordingly, because the
district court has recently ruled on the § 2255 motion, 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 this court and argument would not aid the
decisional process.
PETITION DENIED

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