William M. Bailey, Plaintiff Appellant, v. Audrey E. Melbourne, Associate Judge, Defendant Appellee, 39 F.3d 1175 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 39 F.3d 1175 (4th Cir. 1994)

Submitted Oct. 18, 1994. Decided Nov. 15, 1994

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, District Judge. (CA-94-1809).

William M. Bailey, Appellant Pro Se.

D. Md.


Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Appellant appeals from the district court's denial of his request that the district court order the state court judge to act upon his application for post conviction relief. The state court has since denied Appellant's application for relief. Therefore, his appeal is moot. Accordingly, we vacate the judgment of the district court and remand with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950). We dispense with oral argument because the facts and legal contentions are adequately presented and argument would not aid the decisional process.