In re: Ricky Eugene Everhart, a/k/a Red

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1342
In re: RICKY EUGENE EVERHART, a/k/a Red,
Petitioner.
On Petition for Writ of Mandamus.
(5:11-cv-00119-RLV; 5:03-cr-00034-RLV-1)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ricky Eugene Everhart, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ricky Eugene Everhart petitions for a writ of
mandamus, alleging that the district court has unduly delayed
acting on his Fed. R. Civ. P. 59(e) motion for reconsideration
of the court’s prior order denying his 28 U.S.C.A. § 2255 (West
Supp. 2012) motion. Everhart 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 denied the Rule
59(e) motion on March 27, 2013. Accordingly, because the
district court has recently acted on this 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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