In Re Benjamin Frank Fairley, Petitioner, 923 F.2d 848 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 923 F.2d 848 (4th Cir. 1991) Submitted Jan. 7, 1991. Decided Jan. 25, 1991

On Petition for Writ of Mandamus. (CR-87-27)

Benjamin Frank Fairley, petitioner pro se.

PETITION DENIED.

Before DONALD RUSSELL, WIDENER and K.K. HALL, Circuit Judges.

PER CURIAM:


Benjamin Frank Fairley brought this mandamus petition seeking an order directing the district court to act on his 28 U.S.C. § 2255 motion. On December 3, 1990, the court acted on Fairley's motion; Fairley's mandamus petition is moot. Accordingly, although we grant permission to proceed in forma pauperis, we deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid the decisional process.

PETITION DENIED.

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