In Re: Michael Gorbey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999973837-2]; denying Motion for writ of mandamus (FRAP 21) [999973832-2] Originating case number: 7:16-cv-00372-NKM-RSB. Copies to all parties and the district court/agency. [1000054384]. Mailed to: M. Gorbey. [16-2253]

Appeal: 16-2253

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Filed: 04/03/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2253

In re: MICHAEL S. GORBEY, a/k/a Michael S. Owlfeather-Gorbey,
Petitioner.

On Petition for Writ of Mandamus. (7:16-cv-00372-NKM-RSB)

Submitted: March 30, 2017

Decided: April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Michael S. Gorbey, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2253

Doc: 9

Filed: 04/03/2017

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PER CURIAM:
Michael S. Gorbey petitions for a writ of mandamus, alleging the district court has
unduly delayed acting on his 28 U.S.C. § 2241 (2012) petition. 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 entered an order on October 28, 2016, dismissing without
prejudice Gorbey’s § 2241 petition. Accordingly, because the district court has recently
decided Gorbey’s case, we deny the mandamus petition as moot. We grant leave to
proceed in forma pauperis. 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

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