In Re: Timothy Lindsey, No. 14-1263 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1263 In Re: TIMOTHY HUGH LINDSEY, Petitioner. On Petition for Writ of Mandamus. (5:08-cr-00091-BR-1; 5:12-cv-00350-BR) Submitted: June 26, 2014 Decided: July 1, 2014 Before WILKINSON, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Timothy Hugh Lindsey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Hugh Lindsey petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for a certificate of appealability after dismissing his 28 U.S.C. § 2255 (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 a certificate of appealability in the March 21, 2013 order dismissing the § 2255 motion, and, on March 28, 2013, denied as moot Lindsey s separate appealability. already ruled motion Accordingly, on Lindsey s because request for the for a certificate district a certificate appealability, we deny the mandamus petition as moot. leave to proceed in forma pauperis. We court dispense of has of We grant 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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