Michael Puzey, No. 09-1292 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1292 In Re: MICHAEL PAUL PUZEY, a/k/a Big Pete, Petitioner. On Petition for Writ of Mandamus. (3:00-cr-00057-JPB-JES-16) Submitted: July 23, 2009 Decided: July 27, 2009 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Michael Paul Puzey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Paul Puzey petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his Fed. R. Civ. P. 60 motion. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that on July 2, 2009, the magistrate judge issued a report and recommendation that Puzey s motion be denied, and notified Puzey of his right to file objections. Because the district court has recently Puzey s case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We dispense acted on 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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