In re: Dennis Miller

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998948717-2]; denying Motion for writ of mandamus (FRAP 21) [998947816-2] Originating case number: 4:09-cr-01272-RBH-8,4:11-cv-03376-RBH Copies to all parties and the district court/agency. [998990081]. Mailed to: Dennis Miller. [12-2184]

Appeal: 12-2184

Doc: 9

Filed: 11/28/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2184

In Re:

DENNIS MILLER,
Petitioner.

On Petition for Writ of Mandamus.
(4:09-cr-01272-RBH-8; 4:11-cv-03376-RBH)

Submitted:

November 14, 2012

Decided:

November 28, 2012

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Dennis Miller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2184

Doc: 9

Filed: 11/28/2012

Pg: 2 of 2

PER CURIAM:
Dennis

Miller

petitions

for

a

writ

of

mandamus,

alleging the district court has unduly delayed acting on his 28
U.S.C.A. § 2255 (West Supp. 2012) motion.

He seeks an order

from this court directing the district court to act.

Our review

of the district court’s docket reveals that, on October 9, 2012,
the district court granted Miller’s § 2255 motion in part and
ordered that Miller be resentenced.

Accordingly, because the

district court has recently ruled on the § 2255 motion, we deny
the mandamus petition as moot.
forma

pauperis.

facts

and

materials

legal
before

We

dispense

We grant leave to proceed in
with

oral

argument

contentions

are

adequately

this

and

argument

court

because

presented

would

not

the

in

the

aid

the

decisional process.
PETITION DENIED

2