Harry Moody

Filing 920090904

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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