UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
MARTELL WHITAKER, Petitioner.
On Petition for Writ of Mandamus. (0:01-cv-03207-CWH)
January 19, 2010
February 9, 2010
Before NIEMEYER and Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Martell Whitaker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Martell Whitaker petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on a Fed. R. Civ. P. 60(b) motion. He seeks an order from this court
directing the district court to act. Our review of the district court's docket sheet
reveals that the district court issued a final opinion and order denying Whitaker's motion on December 21, 2009. Accordingly,
because Whitaker has received the relief he sought, we deny the mandamus petition as moot. We grant leave to proceed in forma
pauperis and dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional
process. PETITION DENIED
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