In Re: Marcus Dukes, No. 12-2320 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2320 In re: MARCUS D. DUKES, Petitioner. On Petition for Writ of Mandamus. (8:03-cr-00133-RWT-1; 8:09-cv-00135-RWT) Submitted: February 20, 2013 Decided: February 28, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Marcus D. Dukes, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marcus D. Dukes petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his Motion for Relief from Order and to Reopen Judgment Pursuant to Rule 60(b). He seeks an order from this court directing the district court to act. The district court entered an order denying Dukes motion on January 31, 2013. Accordingly, because the district court has recently decided Dukes motion, we deny the mandamus petition as moot. forma pauperis. facts and materials legal before We dispense We grant leave to proceed in with oral argument contentions are adequately this and argument court because presented would not the in the aid the decisional process. PETITION DENIED 2

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