Juan Castro, No. 09-1542 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1542 In re: JUAN EVANGELISTA CASTRO, Petitioner. On Petition for Writ of Mandamus. Submitted: July 7, 2009 (5:06-cr-00054-SGW-3) Decided: August 14, 2009 Before TRAXLER, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Juan Evangelista Castro, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Juan Evangelista Castro petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the district court recently dismissed Castro s § 2255 motion. Accordingly, because the district court has recently decided Castro s case, we deny proceed the in mandamus forma petition pauperis. as We moot. dispense We with grant oral leave to 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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