In re: Larry McDaniel
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999598313-2]; denying Motion for writ of mandamus as moot (FRAP 21) [999590567-2]. Originating case number: 5:11-cr-00252-D-1,5:15-cv-00041-D. Copies to all parties and the district court/agency. [999633545]. Mailed to: Larry McDaniel. [15-1560]
Appeal: 15-1560
Doc: 10
Filed: 08/04/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1560
In Re: LARRY MAX MCDANIEL,
Petitioner.
On Petition for Writ of Mandamus.
(5:11-cr-00252-D-1; 5:15-cv-00041-D)
Submitted:
July 1, 2015
Decided:
August 4, 2015
Before MOTZ, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Larry Max McDaniel, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1560
Doc: 10
Filed: 08/04/2015
Pg: 2 of 2
PER CURIAM:
Larry
Max
McDaniel
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.
court’s
docket
reveals
that
the
Our review of the district
district
court
has
recently
issued an order directing McDaniel to file a corrected § 2255
motion.
Accordingly, because the district court has recently
acted in this case, we deny the mandamus petition as moot.
grant leave to proceed in forma pauperis.
We
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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