Harry Moody

Filing 920090904

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1074 In Re: HARRY NOLAN MOODY, Petitioner. On Petition for Writ of Mandamus. (1:07-cv-00127-LHT) Submitted: August 27, 2009 Decided: September 4, 2009 Before TRAXLER, Chief Judge, and MOTZ and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Harry Nolan Moody, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Harry Moody petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. 2255 (West Supp. 2009) motion. He seeks an order from this Our review of the court directing the district court to act. docket sheet reveals that the district court denied the 2255 motion and dismissed because the the action on August has 20, 2009. decided We grant with oral Accordingly, district court recently Moody's case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We 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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