Shaka Farrakhan

Filing 920090624

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1461

In Re:

SHAKA AMIR FARRAKHAN, Petitioner.

On Petition for Writ of Mandamus.

(1:08-cv-00438-TSE-JFA)

Submitted:

June 8, 2009

Decided:

June 24, 2009

Before KING and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Petition denied by unpublished per curiam opinion.

Shaka Amir Farrakhan, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Shaka Amir Farrakhan petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his civil rights action pursuant to 42 U.S.C. § 1983 (2006). He

seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that on May 13,

2009, the district court transferred claims 13 through 30 of Farrakhan's complaint to the Western District of Virginia, the court of proper venue pursuant to 28 U.S.C. § 1391(b) (2006), and dismissed claims 1, 3 through 9, 11, and 12 pursuant to 28 U.S.C. § 1915A(b)(1) (2006) for failure to state a claim.

Claims 2 and 10 remain pending in the Eastern District. Because the district court has recently acted in We

Farrakhan's case, we deny the mandamus petition as moot.

grant leave to proceed in forma pauperis and deny Farrakhan's motion for appointment of counsel. We dispense 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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