In re: Lewis Hatten

02-7649Court of Appeals for the Fourth Circuit22 de jan. de 2003

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7649
In Re: LEWIS HATTEN,
Petitioner.
On Petition for Writ of Mandamus. (CR-99-62)
Submitted: December 19, 2002 Decided: January 22, 2003
Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Lewis Hatten, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Lewis Hatten petitions for a writ of mandamus, alleging the
district court has unduly delayed acting on his 28 U.S.C. § 2255
(2000) action. He seeks an order from this court directing the
district court to act. Our review of the docket sheet reveals that
the magistrate judge issued a report and recommendation in Hatten’s
§ 2255 action on November 8, 2002. Accordingly, because the
district court has recently acted in Hatten’s case, 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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