In Re: Kenneth Beverly, No. 12-1699 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1699 In re: KENNETH D. BEVERLY Petitioner. On Petition for Writ of Mandamus (No. 3:05-cr-00526-HEH-1) Submitted: September 27, 2012 Decided: October 1, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Kenneth D. Beverly, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth D. Beverly petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his various motions attacking his convictions. He seeks an order from this court directing the district court to act. Our review of the district court s docket reveals that the district court recently denied or dismissed the motions. Accordingly, because the district court has recently decided Beverly s case, we deny the mandamus petition as moot. To the extent Beverly seeks to directly challenge his conviction, such relief is not available by way of a mandamus petition. forma pauperis. facts and materials legal before We dispense We grant leave to proceed in with oral argument contentions are adequately the and argument court because presented would not the in the aid the decisional process. PETITION DENIED 2

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