In Re Willard E. Cupp, Petitioner,, 809 F.2d 785 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 809 F.2d 785 (4th Cir. 1987) Submitted Nov. 21, 1986. Decided Jan. 5, 1987

Before ERVIN, WILKINSON and WILKINS, Circuit Judges.

Willard E. Cupp, appellant pro se.

PER CURIAM:


Petitioner Willard E. Cupp, an inmate at the Federal Correctional Institute, Lexington, Kentucky, has applied to this Court for a writ of mandamus or prohibition directing the district court to act on his petition for post-conviction relief, filed pursuant to 28 U.S.C. § 2255, pending in that court.

The district court has now entered an order dated 5 November 1986 dismissing Cupp's petition for post-conviction relief. See Cupp v. United States, C/A No. M-85-1747 (D. Md., November 5, 1986). Accordingly, although leave is granted to proceed in forma pauperis, the petition for a writ of mandamus or prohibition is denied as being moot and this action is dismissed.

DISMISSED.