In re: Henry Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1864
In Re: HENRY JONES,
Petitioner.
On Petition for Writ of Mandamus.
(1:92-cr-00301-WDQ-2)
Submitted: October 10, 2012 Decided: October 17, 2012
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry Jones, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Henry Jones petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on what he
captioned as a “Motion to Reopen in Light of “Simmons””. Jones
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 recently dismissed Jones’ motion. Accordingly,
because the district court has decided Jones’ case, we deny the
mandamus petition as moot. Further, to the extent that Jones
seeks to challenge the district court’s disposition of his
previous motions seeking relief from his conviction or sentence,
mandamus is not the proper vehicle for such claims. See In re
United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). 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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