Noah Smith, III
Filing
920080926
Opinion
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-2147
In Re:
NOAH SMITH, III,
Petitioner.
On Petition for Writ of Mandamus.
(4:05-cv-02903-TLW)
Submitted:
September 9, 2008
Decided:
September 26, 2008
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Petition denied as moot by unpublished per curiam opinion.
Noah Smith, III, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Noah Smith, III, petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. He seeks an order from this court Our review of the docket
directing the district court to act.
sheet reveals that Smith voluntarily withdrew his § 2255 motion on August 22, 2008. moot. Accordingly, we deny the mandamus petition as
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 AS MOOT
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