In Re John Henry Smith, Petitioner, 869 F.2d 594 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 869 F.2d 594 (4th Cir. 1989) Submitted: Nov. 30, 1988. Decided: Feb. 21, 1989

John Henry Smith, petitioner pro se.

Before K.K. HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Complaining of delay, John Henry Smith has applied to this Court for a writ of mandamus directing the district court to act upon his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The district court has since acted on Smith's habeas corpus petition. Smith v. Warden, Civ. No. HM-84-4561 (D. Md. Sept. 2, 1988). Accordingly, although leave to proceed in forma pauperis is granted, the petition for writ of mandamus is denied as moot.