In Re: Michael McRae, No. 12-1962 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1962 In re: MICHAEL SCOTT MCRAE, Petitioner. On Petition for Writ of Mandamus. (No. 5:97-cr-00094-H-6) Submitted: November 20, 2012 Before TRAXLER, Judges. Chief Judge, Decided: November 26, 2012 and SHEDD and FLOYD, Circuit Petition denied by unpublished per curiam opinion. Michael Scott McRae, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Scott McRae, a federal prisoner, petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his January 26, 1998 motion to dismiss the indictment then pending against him. He seeks an order from this court directing the district court to act. the district denied court s McRae s docket motion by reveals order that entered the Our review of district February 13, court 1998. Accordingly, because the district court has ruled on McRae s motion, we deny the mandamus petition and the amended mandamus petition as moot. We grant leave to proceed in forma pauperis and deny McRae s motion seeking leave to file out of time in the district facts court. and materials legal before We dispense 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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