In re: James Irby, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998523607-2]; dismissing Motion for writ of mandamus (FRAP 21) filed by Petitioner James Allen Irby, III [998523605-2] Originating case number: 8:03-cr-00490-DKC-1,8:07-cv-01186-DKC Copies to all parties and the district court/agency. [998562024]. Mailed to: Irby. [11-1128]

Case: 11-1128

Document: 8

Date Filed: 04/06/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1128

In Re:

JAMES ALLEN IRBY, III,
Petitioner.

On Petition for Writ of Mandamus.
(8:03-cr-00490-DKC-1; 8:07-cv-01186-DKC)

Submitted:

March 31, 2011

Decided:

April 6, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

James Allen Irby, III, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Case: 11-1128

Document: 8

Date Filed: 04/06/2011

Page: 2

PER CURIAM:
James

Allen

Irby,

III,

petitions

for

a

writ

of

mandamus, alleging the district court has unduly delayed acting
on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion.

He seeks an

order from this court directing the district court to act.

Our

review of the district court’s docket reveals that the district
court,

on

February

Accordingly,

because

18,

2011,

denied

the

district

court

Irby’s
has

§ 2255

motion.

recently

decided

Irby’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

2