Robert Payne, Petitioner--appellant, v. Parker Evatt; Attorney General of the State of Southcarolina, Respondents--appellees.in Re Robert Payne, Petitioner, 53 F.3d 328 (4th Cir. 1995)

In No. 95-6209, Appellant appeals from the district court's order denying his motion for a stay of the execution of his state criminal sentence pursuant to 28 U.S.C. § 1292 (1988). Our review of the record and the district court's opinion discloses no abuse of discretion or other reversible error. Accordingly, we affirm on the reasoning of the district court. Payne v. Evatt, No. CA-94-3464-2-20AJ (D.S.C. Feb. 6, 1995). We deny Appellant's motion to stay execution of sentence and for bail, and his amended motion for stay of execution of sentence.

In No. 95-8010, Appellant filed a petition for a writ of mandamus in which he requests that this Court compel the district court to rule on the motion for a stay of execution of sentence discussed above in relation to No. 95-6209. Since the district court has acted on the motion, we deny Appellant's petition as moot. We also 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.

No. 95-6209--AFFIRMED.

No. 95-8010--PETITION DENIED.