J. Smith

Filing 920090528

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1120 In Re: J. HAROLD SMITH, Petitioner. On Petition for Writ of Mandamus. (8:85-cr-00166-GRA-1) Submitted: May 21, 2009 Decided: May 28, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. J. Harold Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: J. Harold Smith petitions for a writ of mandamus seeking an order compelling the district court to rule on his motion and seeking recusal of the district court judge. Our reveals that review the of court the district ruled court's on docket sheet motion. has Smith's Accordingly, because the district court recently decided Smith's case, we deny the petition for writ of mandamus as moot. dispense with oral argument because presented would not the in aid facts the the and We legal contentions before the are court adequately and argument materials decisional process. PETITION DENIED 2

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