In Re: Benjamin C. Horne, Petitioner, 30 F.3d 129 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 30 F.3d 129 (4th Cir. 1994)

Submitted: June 23, 1994. Decided: July 29, 1994

On Petition for Writ of Mandamus.

Benjamin C. Horne, Petitioner Pro Se.


Before MURNAGHAN and WILKINS, Circuit Judges, and SPROUSE, Senior Circuit Judge.


Benjamin Horne petitions this Court for a Writ of Mandamus directing the district court to rule on his motion made under 28 U.S.C. § 2255 (1988). The record discloses that the district court issued an order denying Sec. 2255 relief on April 12, 1993. Because his petition is moot, we deny Horne's application for a Writ of Mandamus and grant leave to proceed in forma pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.