In Re: Robert Rushie, No. 13-1498 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1498 In Re: ROBERT EVERTON RUSHIE, Petitioner. On Petition for Writ of Mandamus. (1:00-cr-00396-NCT-1) Submitted: July 10, 2013 Decided: July 18, 2013 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert Everton Rushie, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert mandamus, Everton alleging the Rushie district petitions court for has a unduly writ delayed of in acting on his November 23, 2011 motion for reduction of sentence and appointment of counsel. 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 Rushie s motion by order entered on May 30, 2013. Accordingly, because the district court has recently denied Rushie s 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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