In Re: Nicholas Queen, Sr. v., No. 13-1070 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1070 In Re: NICHOLAS JAMES QUEEN, SR., Petitioner. On Petition for Writ of Mandamus. (1:93-cr-00366-WMN-1) Submitted: March 20, 2013 Decided: April 1, 2013 Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Nicholas James Queen, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nicholas James Queen, Sr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (West Supp. 2012) motion. 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 denied relief on the § 2255 motion by order entered on January 28, 2013. Accordingly, because the district court has decided Queen s case, we deny the mandamus petition as moot. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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