Anthony Thomas

Filing 920090804

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1386 In Re: ANTHONY AUGUSTUS THOMAS, Petitioner. On Petition for Writ of Mandamus. (4:05-cr-00568-TLW-1; 4:07-cv-70063-TLW) Submitted: July 30, 2009 Decided: August 4, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Anthony Augustus Thomas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Augustus Thomas, a federal prisoner, petitions this court for a writ of mandamus, seeking an order compelling the district court to rule on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion to vacate. 28 U.S.C.A. § 2255 The district court dismissed Thomas's on April 24, 2009. Accordingly, motion although we grant leave to proceed in forma pauperis, we deny the mandamus petition as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us and argument would not aid the decisional process. PETITION DENIED 2

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