In re: Harry Charity, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999798477-2]; denying Motion for writ of mandamus (FRAP 21) [999789327-2]. Originating case number: 1:06-cr-00175-CMH-1,1:13-cv-00736-CMH. Copies to all parties and the district court. [999963365]. Mailed to: Harry Charity. [16-1375]

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Appeal: 16-1375 Doc: 9 Filed: 11/07/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1375 In re: HARRY CHARITY, III, Petitioner. On Petition for Writ of Mandamus. (1:06-cr-00175-CMH-1; 1:13-cv-00736-CMH) Submitted: October 26, 2016 Decided: November 7, 2016 Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Harry Charity, III, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1375 Doc: 9 Filed: 11/07/2016 Pg: 2 of 2 PER CURIAM: Harry Charity, III, petitions for a writ of mandamus, alleging that 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 ruled on the § 2255 motion, denying certificate of appealability. it and declining to grant a Accordingly, because the district court has recently decided Charity’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

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