In Re: Benito Hernandez, No. 14-1091 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1091 In Re: BENITO HERNANDEZ HERNANDEZ, Petitioner. On Petition for Writ of Mandamus. (1:10-cr-00023-MR-1) Submitted: May 30, 2014 Decided: June 11, 2014 Before WILKINSON, AGEE, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Benito Hernandez Hernandez, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Benito Hernandez Hernandez petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this court directing the district court to act. the district ruled on because his the court s docket reveals that § 2255 motion on 23, court has district May recently the in forma pauperis. We dispense district 2014. court Accordingly, decided case, we deny the mandamus petition as moot. proceed Our review of Hernandez s We grant leave to with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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