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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-2147 In Re: NOAH SMITH, III, Petitioner.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 Petition denied as moot by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 2

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