Samuel Jones

Filing 920090223

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2199

In Re:

SAMUEL TIJUAN JONES, a/k/a Tito, Petitioner.

On Petition for Writ of Mandamus. (6:06-cr-00398-HFF-1)

Submitted:

February 19, 2009

Decided:

February 23, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Samuel Tijuan Jones, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Samuel Tijuan Jones petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion to vacate his sentence pursuant to 28 U.S.C.A. § 2255 (West 2000 & Supp. 2008). He seeks an order from this court Our review of the docket entered an order on

directing the district court to act. sheet reveals that the district

court

October 16, 2008, granting the Government's motion to dismiss the § 2255 motion as untimely filed. Accordingly, because the

district court has recently decided Jones' case, we grant leave to proceed in forma pauperis and deny the mandamus petition as moot. legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. PETITION DENIED

2