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.

PER CURIAM:


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.

PETITION DENIED.