In Re: Wayne Butts, No. 13-1082 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1082 In re: WAYNE D. BUTTS, Petitioner. On Petition for Writ of Mandamus. (2:12-cv-00042-MSD-LRL; 2:12-cv-00210-MSD-LRL) Submitted: March 26, 2013 Decided: March 29, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Wayne D. Butts, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wayne D. Butts petitions for a writ of mandamus, seeking an order from this court directing the district court to act on motions filed in Case No. 2:12-cv-00042-MSD-LRL and Case No. 2:12-cv-00210-MSD-LRL. Butts alleges that the district court has unduly delayed acting on his Motion for Preliminary Injunction and Temporary Restraining Order and Motion for Judgment of Pre-Trial Motions, filed in Case No. 2:12-cv-00042MSD-LRL. In an magistrate judge order denied entered Butts on October motions as 25, moot. 2012, the Butts also seeks mandamus relief with respect to his motion for leave to proceed in forma pauperis, filed in Case No. 2:12-cv-00210-MSDLRL. In an order entered on December 6, 2012, the magistrate judge denied this motion. Accordingly, we deny Butts mandamus petition as moot. We grant leave to proceed in forma pauperis. We oral dispense contentions with are argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. PETITION DENIED 2