In Re: James Lesane, No. 12-2187 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2187 In Re: JAMES STEVEN LESANE, Petitioner. On Petition for Writ of Mandamus. (3:08-cr-00185-REP-1) Submitted: January 4, 2013 Before WYNN and Circuit Judge. FLOYD, Circuit Decided: Judges, and January 10, 2013 HAMILTON, Senior Petition denied by unpublished per curiam opinion. James Steven Lesane, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Steven Lesane petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. § 2255 (West Supp. 2012) and Fed. R. Crim. P. Rule 33(a) motions. He seeks an order from this court directing the district to court act. Our review of the district court s docket reveals that the district court has entered final orders deciding both Accordingly, Lesane s Lesane s because case, we the deny § 2255 district the and Rule 33(a) motions. has recently decided petition and court mandamus supplement the mandamus petition as moot. seeks to directly challenge his motion to To the extent Lesane underlying relief is not available by way of mandamus. conviction, such United States v. Moussaoui, 333 F.3d 509, 517 (4th Cir. 2003) (noting mandamus is not substitute for appeal). To obtain appellate review, Lesane must note appeals of the district court s orders. Although we grant leave to proceed in forma pauperis, we dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2
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