Bennie Mack, Jr.

Filing 920091005

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1778

In Re:

BENNIE AUSTIN MACK, JR., Petitioner.

On Petition for Writ of Mandamus.

(1:08-cr-00267-WO-1)

Submitted:

September 29, 2009

Decided:

October 5, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bennie A. Mack, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Bennie A. Mack, Jr., petitions for a writ of mandamus, seeking criminal district September an order recusing Our entered 2009. because the of district the court judge in that case his the on

trial. court 4,

review its Mack the

record

reveals in Mack's of

final has

judgment filed a

notice no

appeal. has

Accordingly,

district

court

longer

jurisdiction over Mack's case, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. 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

If Mack believes the district judge issued adverse rulings on some improper basis, he may challenge those rulings in his direct appeal.

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