Michael Puzey

Filing 920090727

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1292

In Re:

MICHAEL PAUL PUZEY, a/k/a Big Pete, Petitioner.

On Petition for Writ of Mandamus. (3:00-cr-00057-JPB-JES-16)

Submitted:

July 23, 2009

Decided:

July 27, 2009

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Michael Paul Puzey, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael Paul Puzey petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his Fed. R. Civ. P. 60 motion. He seeks an order from this Our review of the

court directing the district court to act.

docket sheet reveals that on July 2, 2009, the magistrate judge issued a report and recommendation that Puzey's motion be

denied, and notified Puzey of his right to file objections. Because the district court has recently acted on

Puzey's case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We dispense

We grant with oral

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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