In re: Shawn Swinson, Sr., No. 10-1610 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1610 In Re: SHAWN DEION SWINSON, SR., Petitioner. On Petition for Writ of Mandamus. (3:09-cv-00105-JRS; 3:06-cr-00001-JRS-1) Submitted: July 22, 2010 Decided: July 30, 2010 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Shawn Deion Swinson, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shawn Deion Swinson, Sr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. He seeks an order from this court directing the district court to act. Our review of the district court s docket reveals that the district court denied Accordingly, Swinson s because the § 2255 district motion court on June 15, has recently Swinson s case, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We dispense 2010. 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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