Samuel McCotter, No. 08-1146 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1146 In Re: SAMUEL DEWITT MCCOTTER, Petitioner. On Petition for Writ of Mandamus. (5:01-cv-00100-H; 4:90-cr-00027-BO) Submitted: November 20, 2008 Decided: December 19, 2008 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Samuel DeWitt McCotter, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Samuel McCotter petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his motion for return of property. He seeks an order from this court directing the district court to act. In response to an order filed of this demonstrating court, that the the district district court court denied a the response motion for return of property in an order dated July 30, 2003, and filed on August 1, 2003. Accordingly, because the district court has ruled on the motion for return of property, we deny the mandamus petition as moot. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DENIED 2

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