In re: Larry McDaniel

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999732786-2] as moot; granting Motion to proceed in forma pauperis (FRAP 24) [999732788-2]. Originating case number: 5:11-cr-00252-D-1, 5:15-cv-00041-D. Copies to all parties and the district court/agency [999793156]. Mailed to: Larry Max McDaniel. [16-1025]

Appeal: 16-1025

Doc: 10

Filed: 04/12/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1025

In Re:

LARRY MAX MCDANIEL,
Petitioner.

On Petition for Writ of Mandamus.
(5:11-cr-00252-D-1; 5:15-cv-00041-D)

Submitted:

April 5, 2016

Decided:

April 12, 2016

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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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: 16-1025

Doc: 10

Filed: 04/12/2016

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.

Our review of the district

court’s docket reveals that the district court has dismissed
McDaniel’s

§ 2255

motion.

Accordingly,

because

the

district

court has recently decided McDaniel’s case, we deny the mandamus
petition as moot.

We grant leave to proceed in forma pauperis.

We

oral

dispense

contentions

with
are

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

PETITION DENIED

2