In re: Benito H. Hernandez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999289216-2]; denying Motion for writ of mandamus (FRAP 21) [999289213-2] Originating case number: 1:10-cr-00023-MR-1 Copies to all parties and the district court/agency. [999373889]. Mailed to: Benito Hernandez. [14-1091]

Appeal: 14-1091

Doc: 8

Filed: 06/11/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1091

In Re:

BENITO HERNANDEZ HERNANDEZ,
Petitioner.

On Petition for Writ of Mandamus.
(1:10-cr-00023-MR-1)

Submitted:

May 30, 2014

Decided:

June 11, 2014

Before WILKINSON, AGEE, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Benito Hernandez Hernandez, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1091

Doc: 8

Filed: 06/11/2014

Pg: 2 of 2

PER CURIAM:
Benito

Hernandez

Hernandez

petitions

for

a

writ

of

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

He seeks an order from

this court directing the district court to act.
the

district

ruled

on

because

his
the

court’s

docket

reveals

that

§ 2255

motion

on

23,

court

has

district

May

recently

the

in

forma

pauperis.

We

dispense

district

2014.

court

Accordingly,

decided

case, we deny the mandamus petition as moot.
proceed

Our review of

Hernandez’s

We grant leave to
with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
PETITION DENIED

2