In Re Frank Leroy Chester, Petitioner, 917 F.2d 22 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 917 F.2d 22 (4th Cir. 1990) Submitted Oct. 1, 1990. Decided Oct. 26, 1990

On Petition for Writ of Mandamus.

Frank Leroy Chester, appellant pro se.


Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Frank Leroy Chester brought this mandamus petition seeking an order directing the district court to act favorably on his motion to compel the federal government to produce certain documents under 5 U.S.C. § 552. Since Chester filed this petition, the district court has denied his motion. Therefore, any complaint Chester has regarding delay in the district court is moot. Also, mandamus relief cannot be used as a substitute for appeal. In re: United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Accordingly, we grant permission to proceed in forma pauperis and deny mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.