In Re Claude F. Bloodgood Iii, Petitioner, 836 F.2d 545 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 836 F.2d 545 (4th Cir. 1987) Submitted Jan. 29, 1987. Decided Dec. 23, 1987

Claude F. Bloodgood III, petitioner pro se.

Before DONALD RUSSELL, JAMES DICKSON PHILLIPS, and WILKINS, Circuit Judges.

PER CURIAM:


Petitioner Claude F. Bloodgood III has applied to this Court for a writ of mandamus directing the district court to proceed on his civil complaint pending in that court.

The district court has now dismissed without prejudice Bloodgood's civil action, for his failure to pay a partial filing fee. See Bloodgood v. Sielaff, Misc. No. 291-N (E.D. Va., Nov. 25, 1986).

The dismissal of Bloodgood's civil action in the district court effectively moots his petition to this court for a writ of mandamus. Accordingly, although leave to proceed in forma pauperis is granted, Bloodgood's petition for a writ of mandamus is denied as being moot and this appeal is dismissed.

DISMISSED.