Bennie Mack, Jr., No. 09-2198 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2198 In Re: BENNIE A. MACK, JR., Petitioner. On Petition for Writ of Mandamus. Submitted: (1:08-cv-00753-NCT-DPD) May 26, 2010 Decided: June 11, 2010 Before GREGORY, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Bennie A. Mack, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bennie A. Mack, Jr. petitions for a writ of mandamus, alleging the district court has unduly delayed acting in his civil action. district court He seeks an order from this court directing the to act. Our review of the district court s docket reveals that the court has now adopted the magistrate judge s recommendation and dismissed Mack s action without prejudice to him filing a new complaint correcting the defects cited in the recommendation. petition as moot. facts and materials legal before Accordingly, we deny the mandamus 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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