Michael Young, No. 09-1834 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1834 In Re: MICHAEL EUGENE YOUNG, Petitioner. On Petition for Writ of Mandamus. Submitted: October 19, 2009 (3:04-cr-00318-RJC-CH-1) Decided: November 5, 2009 Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael Eugene Young, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Eugene Young petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for return 41(g). He seeks an order from this court directing the district court to act. district court of property pursuant to Fed. R. Crim. P. Our review of the docket sheet reveals that the has scheduled a hearing on Young s motion. Accordingly, because the district court has recently acted in Young s case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We dispense 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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