Mitchell Smith, No. 08-1550 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1550 In Re: MITCHELL SMITH, Petitioner. On Petition for Writ of Mandamus. Submitted: September 30, 2008 (8:07-cv-02276-AW) Decided: October 10, 2008 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Mitchell Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mitchell Smith petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his petition filed under 28 U.S.C. § 2241 (2000). He seeks an order from this court directing the district court to act. Our review of the district court s docket sheet reveals that the district court Accordingly, denied because the and dismissed district the court § 2241 recently has Smith s case, we deny the mandamus petition as moot. leave to proceed in forma pauperis, and petition. dispense decided We grant with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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