In re: Samuel Tijuan Jones, a/k/a Tito

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2199
In Re: SAMUEL TIJUAN JONES, a/k/a Tito,
Petitioner.
On Petition for Writ of Mandamus.
(6:06-cr-00398-HFF-1)
Submitted: February 19, 2009 Decided: February 23, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Samuel Tijuan Jones, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Samuel Tijuan Jones petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
motion to vacate his sentence pursuant to 28 U.S.C.A. § 2255
(West 2000 & Supp. 2008). He seeks an order from this court
directing the district court to act. Our review of the docket
sheet reveals that the district court entered an order on
October 16, 2008, granting the Government’s motion to dismiss
the § 2255 motion as untimely filed. Accordingly, because the
district court has recently decided Jones’ case, we grant leave
to proceed in forma pauperis and 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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