In re: Michael McRae

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [998955028-2], denying Motion for writ of mandamus (FRAP 21) [998911203-2]; granting Motion to proceed in forma pauperis (FRAP 24) [998921181-2]; denying for failure to file corrected motion/petition [998941450-2] Originating case number: 5:97-cr-00094-H-6 Copies to all parties and the district court/agency. [998987342]. Mailed to: Michael Scott McRae. [12-1962]

Appeal: 12-1962

Doc: 13

Filed: 11/26/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1962

In re: MICHAEL SCOTT MCRAE,
Petitioner.

On Petition for Writ of Mandamus.
(No. 5:97-cr-00094-H-6)

Submitted:

November 20, 2012

Before TRAXLER,
Judges.

Chief

Judge,

Decided: November 26, 2012

and

SHEDD

and

FLOYD,

Circuit

Petition denied by unpublished per curiam opinion.

Michael Scott McRae, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-1962

Doc: 13

Filed: 11/26/2012

Pg: 2 of 2

PER CURIAM:
Michael Scott McRae, a federal prisoner, petitions for
a writ of mandamus, alleging that the district court has unduly
delayed acting on his January 26, 1998 motion to dismiss the
indictment then pending against him.

He seeks an order from

this court directing the district court to act.
the

district

denied

court’s

McRae’s

docket

motion

by

reveals

order

that

entered

the

Our review of
district

February

13,

court
1998.

Accordingly, because the district court has ruled on McRae’s
motion, we deny the mandamus petition and the amended mandamus
petition as moot.

We grant leave to proceed in forma pauperis

and deny McRae’s motion seeking leave to file out of time in the
district
facts

court.

and

materials

legal
before

We

dispense

with

oral

argument

contentions

are

adequately

the

and

argument

court

because

presented

would

not

the

in

the

aid

the

decisional process.

PETITION DENIED

2