Terrence Whitaker, No. 09-1644 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1644 In Re: TERRENCE MAURICE WHITAKER, Petitioner. On Petition for Writ of Mandamus. Submitted: October 21, 2009 (1:08-cv-00702-TDS-DPD) Decided: November 16, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Terrence Maurice Whitaker, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrence Maurice Whitaker petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2254 (2006) habeas corpus petition. 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 summary judgment petition, and entered in favor denying September 30, 2009. a a final of order the and judgment respondent, certificate of granting dismissing the appealability on Accordingly, because the district court has recently decided Whitaker s case, we deny the mandamus petition as moot. dispense We grant leave to proceed in forma pauperis. with oral argument because the facts and We 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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