In re: Damon Elliott

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999771191-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999771187-2] Originating case number: 1:14-cv-00209-LO-JFA Copies to all parties and the district court/agency. [999801381]. Mailed to: Damon Elliott. [16-1250]

Appeal: 16-1250

Doc: 6

Filed: 04/22/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1250

In re:

DAMON ELLIOTT,

Petitioner.

On Petition for Writ of Mandamus.
(1:14-cv-00209-LO-JFA)

Submitted:

April 19, 2016

Decided:

April 22, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Damon Emanuel Elliott, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1250

Doc: 6

Filed: 04/22/2016

Pg: 2 of 2

PER CURIAM:
Damon Elliott petitions this court for a writ of mandamus,
alleging that the district court has unduly delayed acting on this
court’s order remanding his case to the district court to determine
whether his notice of appeal should be construed as a motion to
reopen the appeal period, and if so, whether reopening is merited.
Elliott seeks an order from this court directing the district court
to act.

Our review of the district court’s docket reveals that,

on March 15, 2016, the district court entered an order granting
Elliott’s motion to reopen the appeal period.
deny the mandamus petition as moot.
forma pauperis.

Accordingly, we

We grant leave to proceed in

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