In re: Chavius Barber, No. 12-2404 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2404 In re: CHAVIUS MARQUETTE BARBER, Petitioner. On Petition for Writ of Mandamus. (3:11-cv-00243-FDW) Submitted: February 26, 2013 Decided: February 28, 2013 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Chavius Marquette Barber, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chavius Marquette Barber petitions for a writ of mandamus, alleging that the district court has unduly delayed in ruling on his motion to file a successive 28 U.S.C.A § 2255 (West Supp. 2012) motion and his motion to appoint counsel. He seeks an order from this court directing the district court to act. On November 26, 2012, the district court entered an order denying Barber s motion to file a successive § 2255 motion and granting his motion to appoint counsel. Accordingly, because the district court has ruled on Barber s motions, we deny the mandamus petition as moot. pauperis. legal before We grant leave to proceed in forma We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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