Victor Perkins, No. 09-1988 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1988 In Re: VICTOR PERKINS, Petitioner. On Petition for Writ of Mandamus. (5:09-hc-02073-BO) Submitted: October 15, 2009 Decided: October 19, 2009 Before SHEDD and AGEE, Circuit Judges. * Petition denied by unpublished per curiam opinion. Victor Perkins, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. * The opinion is filed by a quorum pursuant to 28 U.S.C. ยง 46(d). PER CURIAM: Victor Perkins petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his petition for a writ of habeas corpus. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that after Perkins filed the petition in this court, the magistrate judge returned the habeas corpus petition to signature. Perkins for Accordingly, failing because to the include an magistrate original judge has recently acted upon Perkins case, we deny the mandamus petition as moot. dispense We grant leave to proceed in forma pauperis. with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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