In re: Donald Lewi

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999472378-2]; denying Motion for writ of mandamus (FRAP 21) [999447101-2] Originating case number: 4:12-cr-00068-FL-2 Copies to all parties and the district court/agency. [999594353].. [14-2041]

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Appeal: 14-2041 Doc: 9 Filed: 06/02/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2041 In Re: DONALD ELBERT LEWIS, a/k/a Peptone, Petitioner. On Petition for Writ of Mandamus. (4:12-cr-00068-FL-2) Submitted: May 28, 2015 Decided: June 2, 2015 Before KEENAN, WYNN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Donald Elbert Lewis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-2041 Doc: 9 Filed: 06/02/2015 Pg: 2 of 2 PER CURIAM: Donald Elbert Lewis 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 the district court recently entered an order disposing scheduling an Accordingly, of all evidentiary although we but one hearing grant leave of Lewis’ as to to claims, that proceed pauperis, we deny the mandamus petition as moot. in and claim. forma 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 2

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