Phillip Mace, No. 10-1178 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1178 In Re: PHILLIP MACE, Petitioner. On Petition for Writ of Mandamus. Submitted: April 29, 2010 (8:08-cv-03216-DKC) Decided: May 7, 2010 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Phillip Mace, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Phillip Mace petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (West Supp. 2009) motion. He seeks an order from this court directing the district court to act. the district court s docket reveals that granted Mace s motion on April 12, 2010. the Our review of district court Accordingly, because the district court has recently decided Mace s case, we deny the mandamus petition as moot. pauperis. legal before We dispense with oral argument because the facts and contentions the We grant leave to proceed in forma court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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