In Re: Cruz v.

Filing 920070514


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6074 In Re: JUAN CARLOS CRUZ, Petitioner. On Petition for a Writ of Mandamus. (0:05-cv-02428-RBH) Submitted: May 10, 2007 Decided: May 14, 2007 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Juan Carlos Cruz, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Juan Carlos Cruz petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. 2241 (2000) petition. He seeks an order from this court Our review of the docket directing the district court to act. sheet reveals that the district court entered an order adopting the magistrate judge's report and recommendation and denying relief on Cruz's petition. Accordingly, because the district court has recently decided Cruz'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 - 2 -

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