In re: Michael Darby

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999349080-2]; denying Motion for writ of mandamus (FRAP 21) [999349079-2] Originating case number: 5:07-cr-01253-MBS-1 Copies to all parties and the district court/agency. [999406840]. Mailed to: Darby. [14-1431]

Appeal: 14-1431

Doc: 7

Filed: 07/31/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1431

In re: MICHAEL ANTHONY DARBY,
Petitioner.

On Petition for Writ of Mandamus.
(5:07-cr-01253-MBS-1)

Submitted:

July 29, 2014

Decided:

July 31, 2014

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Michael Anthony Darby, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1431

Doc: 7

Filed: 07/31/2014

Pg: 2 of 2

PER CURIAM:
Michael

Anthony

Darby

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.

Our review of

the district court’s docket reveals that, on June 27, 2014, the
district

court

granted

the

Government’s

motion

for

summary

judgment on Darby’s § 2255 motion except as to Darby’s claim
that counsel was ineffective in failing to adequately advise him
regarding a formal plea offer.

The court ordered this claim be

held in abeyance pending an evidentiary hearing.

Accordingly,

because the district court has recently acted on Darby’s § 2255
motion, we deny the mandamus petition as moot.
to proceed in forma pauperis.

We grant leave

We dispense 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

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