In Re: Preston Buie, No. 14-1827 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1827 In Re: PRESTON LEVONNE BUIE, Petitioner. On Petition for Writ of Mandamus. (1:08-cr-00347-WO-1) Submitted: October 3, 2014 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, October 9, 2014 and HAMILTON, Petition denied by unpublished per curiam opinion. Preston Levonne Buie, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Preston Levonne Buie petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2012) motion to vacate. He seeks an order from this court directing the district court to act on the motion and to release him on bond pending the motion s resolution. Our review of the district court s docket reveals that the district court issued an order denying relief on the § 2255 motion on September 16, 2014. Accordingly, because the district court has recently decided Buie s case, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. We dispense 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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