In re: Bennett

Court of Appeals for the Fourth Circuit·Decided December 22, 2010·No. 10-2026·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2026

In Re: TERRY JACKSON BENNETT,

Petitioner.

On Petition for Writ of Mandamus. (3:04-cr-00315-RJC-1; 3:08-cv-00410-RJC)

Submitted: December 16, 2010 Decided: December 22, 2010

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Terry Jackson Bennett, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Terry Jackson Bennett petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his 28 U.S.C.A. § 2255 (West Supp. 2010) 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 has denied Bennett’s § 2255 motion. Accordingly, because

the district court has recently decided Bennett’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 the court and argument would not aid the

decisional process.

PETITION DENIED

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