In Re Dennis Williams, Petitioner, 12 F.3d 206 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 12 F.3d 206 (4th Cir. 1993)

Submitted Oct. 25, 1993. Decided Nov. 19, 1993


On Petition for Writ of Mandamus.

Dennis Williams, pro se.

PETITION DENIED.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

OPINION

PER CURIAM:


Dennis Williams petitions this Court for mandamus relief. He alleges that the district court has failed to act on his Fed. R. Civ. P. 60 motion in a reasonable time. We deny the petition.

The district court docket reveals that the court has acted on Williams's motion. The docket reveals that Williams's motion was never filed in the district court. However, the district court acted on the motion when it received a copy of the mandamus petition, which included the motion. The court denied the motion on October 18, 1993. Thus, Williams's request for mandamus relief is moot: he has received the relief he requests. Therefore, although we grant Williams in forma pauperis status, we deny his petition.

PETITION DENIED.