Mitchell Smith

Filing 920081010

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1550 In Re: MITCHELL SMITH, Petitioner. On Petition for Writ of Mandamus. (8:07-cv-02276-AW) Submitted: September 30, 2008 Decided: October 10, 2008 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Mitchell Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mitchell Smith petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his petition filed under 28 U.S.C. 2241 (2000). He seeks an Our order from this court directing the district court to act. review of the district court's docket sheet reveals that the district court denied the and dismissed court the 2241 petition. decided We grant with oral Accordingly, because district recently has Smith's case, we deny the mandamus petition as moot. leave to proceed in forma pauperis, and dispense 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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